Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process?

California, United States of America

The following excerpt is from People v. Numan, C056530 (Cal. App. 9/29/2008), C056530 (Cal. App. 2008):

Defendant contends the denial of his motion violated his right to jury trial and due process pursuant to Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856] (Cunningham) and was an abuse of discretion. We reject both claims.

Other Questions

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (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)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Can a motion for a new trial be appealed from the order denying defendant's motion for new trial? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.