What is the test for demonstrating a violation of the Sixth Amendment by denying a motion to continue?
MultiRegion, United States of America
The following excerpt is from Jones v. Runnels, (E.D. Cal. 2011):
For petitioner to show a violation of his Sixth Amendment rights based on the trial court's denial of his motion to continue, petitioner must therefore demonstrate "that the trial court abused its discretion through an 'unreasoning and arbitrary "insistence upon expeditiousness in the face of a justifiable request for delay.'"" Houston v. Schomig, 533 F.3d 1076, 1079 (9th Cir. 2008).
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