What is the effect of a defense motion for a continuance to conduct its own independent test?

MultiRegion, United States of America

The following excerpt is from People of Territory of Guam v. Cruz, 70 F.3d 1090 (9th Cir. 1995):

The citation of United States v. Kelly, 420 F.2d 26, 29 (2d Cir.1969) is also unavailing. There, the defense was confronted at trial with new scientific test results which would have taken "some three weeks" to replicate in any independent test conducted by the defense. After the defense's motion for a month's continuance so that its own test could be conducted was denied, the court of appeals reversed on the grounds that the inability to conduct its own test severely prejudiced the defense. The case is thus also distinguishable.

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the test for a motion to stay a motion by the Department of Homeland Security to stay the motion? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
What is the evidentiary test for denying a motion for motion to compel a judge to conduct an evidentiary hearing? (MultiRegion, United States of America)
What is the test for determining whether a motion can be brought against a motion to dismiss the motion? (MultiRegion, United States of America)
What is the effect of a motion to dismiss a motion alleging that the motion is defective and unenforceable? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
What is the legal test for a motion to waive the statute of limitations in a motion for a PRA defense? (MultiRegion, United States of America)
Is denial precludes defense in a motion where the question is whether denial preaches defense? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.