What is the test for a motion for a continuance to retain counsel of a defendant's choice?

California, United States of America


The following excerpt is from People v. Clyde, C078281 (Cal. App. 2018):

The right to effective assistance of counsel includes a right to retain counsel of one's own choosing. (People v. Courts (1985) 37 Cal.3d 784, 789.) A trial court generally should accommodate requests for a continuance to retain counsel of a defendant's choice if it can do so " 'consistent with effective judicial administration.' " (Id. at p. 791.) At the same time, trials must be heard and determined at the "earliest possible time" and continuances may be granted only for good cause because they "cause substantial hardship to victims and other witnesses." ( 1050, subd. (a).) A court's broad discretion to assess cause for delay must be exercised in a way that allows a defendant to prepare a response to charges, but it abuses its discretion and impairs the constitutional right to counsel only if the court insists on an expeditious trial in the face of a justifiable request for delay. (People v. Alexander (2010) 49 Cal.4th 846, 934-935, citing Morris v. Slappy (1983) 461 U.S. 1, 11-12 [75 L.Ed.2d 610, 620].)

Other Questions


If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
What is the difference between a motion for a continuance and a motion to obtain retained counsel? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for a motion by a defendant to obtain a continuance to replace retained counsel at trial? (California, United States of America)
Can a criminal defendant request a continuance to permit retained counsel to recover from a heart attack? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Is a defendant entitled to a continuance to retain counsel of his own choosing? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Does a defendant have an absolute right to a continuance to facilitate choice of counsel? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.