The following excerpt is from U.S. v. Ford, 550 F.2d 732 (2nd Cir. 1977):
Not only were the delays unjustified, but two of the three were not granted "in open court, the defendant or his counsel being present." Both the adjournment from August 21 to November 18, 1974, and the adjournment from June 11 to September 2, 1975, were granted sua sponte without any type of formal hearing. We have previously emphasized, outside of the context of the Detainers Act, the importance of granting the defendant an opportunity to be heard before granting an extended criminal trial continuance. United States v. Didier, 542 F.2d 1182, 1189 (2d Cir.1976). The Detainers Act imposes similar requirements for similar reasons: unless the defendant is given an opportunity to participate, his speedy trial rights may be whittled away in the non-adversary context of ex parte communications between the government and the court. We therefore hold that appellant's rights to a speedy trial under Article IV(c) of the Detainers Act were violated here.
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