Is there any case law where a defense counsel's failure to contact a pathologist on the eve of trial to request a continuance?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dominguez-Botello, 51 F.3d 283 (9th Cir. 1995):
Defense counsel was not diligent. He did not contact the pathologist until the morning set for trial. Cf. United States v. Pope, 841 F.2d 954, 956 (9th Cir.1988) (defense counsel who allowed four months to pass without speaking directly with defense psychiatrist "did not exercise adequate diligence" and "offered no adequate explanation for his" continuance request made on the morning of trial).
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