How have the courts treated a motion for a continuance in the opening brief?

California, United States of America


The following excerpt is from People v. Marlin, 124 Cal.App.4th 559, 21 Cal.Rptr.3d 470 (Cal. App. 2004):

Preliminarily, we might consider defendant's most recent argument (that he should have been advised he needed to make a motion for a continuance) waived because it was not set forth with specificity in his opening brief. (Mansell v. Board of Administration (1994) 30 Cal.App.4th 539, 545-546, 35 Cal.Rptr.2d 574.) But since, by careful reading of the brief, we can glimpse defendant's fundamental complaint, the matter is best resolved by addressing it fully.

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