Can a trial judge grant a continuance for good cause even if a decision by the supervising or presiding judge was in error?

California, United States of America


The following excerpt is from People v. Ellis, F066893 (Cal. App. 2015):

The trial court's statement was in error. "When a matter is assigned for the purposes of trial, the trial judge has the authority to grant a continuance for good cause shown regardless of whether a continuance was denied by the supervising or presiding judge." (People v. Sherrod (1997) 59 Cal.App.4th 1168, 1174.) "[I]t is the obligation of 'the trial judge to assure that a criminal defendant is afforded a bona fide and fair adversary adjudication.' [Citation.]" (Ibid.) "To carry out this duty, the trial judge has the power to exercise reasonable control over all proceedings connected to the litigation before him or her, which power includes exercising discretion to continue the trial. [Citations.]" (Ibid.)

As respondent concedes, the trial judge had the authority to grant a continuance despite the denial in Department 1. (Sherrod, supra, 59 Cal.App.4th at p. 1174.) When a trial court's decision rests on an error of law, that decision is an abuse of discretion. (People v. Superior Court (2008) 43 Cal.4th 737, 746, 755 [trial court abused its discretion when it recused numerous prosecutors on a case based on an error of law].)

Other Questions


Is there any case law where a judge has found that a trial judge made a "minor error" in making decisions in a trial? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Is there any error in granting a motion for a new trial when the trial judge dies before hearing the motion? (California, United States of America)
What is the record of the trial judge's decision not to grant a motion for a reduction in sentence for a convicted criminal with intent to pervert the course of justice? (California, United States of America)
Does a judge who presided over the motion for a new trial have any authority to reverse the decision? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.