What is the test for denying a motion for a continuance on the basis of alleged disparagement of counsel?

California, United States of America


The following excerpt is from People v. Fudge, 31 Cal.Rptr.2d 321, 7 Cal.4th 1075, 875 P.2d 36 (Cal. 1994):

Under these circumstances, we find that defendant did not demonstrate to the trial court, and does not demonstrate to this court, that he was diligent in preparing for trial. (People v. Danielson, supra, 3 Cal.4th at p. 705, 13 Cal.Rptr.2d 1, 838 P.2d 729.) Accordingly, we conclude that--assuming defendant timely moved for a continuance--the trial court did not abuse its discretion by denying the motions.

4. Alleged Disparagement of Defense Counsel

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