Is there any reason for a defendant to ask for a continuance or a mistrial?

California, United States of America


The following excerpt is from People v. Boek, C083902 (Cal. App. 2018):

Defendant points to trial counsel's claim that he was in a "pickle" because the more time he spent reviewing the recording the less time he had for other matters, and argues that trial counsel had no reason not to ask for a continuance or a mistrial. But counsel could rationally have concluded the trial was going as well as could be expected because the stipulation was favorable and that it was not necessary to seek a continuance or a mistrial. "Even the best criminal defense attorneys would not defend a particular client in the same way. [Citation.]" (Strickland v. Washington (1984) 466 U.S. 668, 689 [80 L.Ed.2d 674, 695].)

Other Questions


Is a defendant entitled to a continuance to prepare his new attorney to defend his case at a continued hearing? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
What is the test for determining whether a defendant's reasonableness of their conduct is reasonable? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any reason why a jury convicted a defendant of murder by reason of premeditation rather than felony? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
What is the test for determining whether a defendant can reasonably have reasonably anticipated the events leading up to the action? (California, United States of America)
In what circumstances will a defendant be able to continue to defend against the charges against him? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.