What is the test for determining whether a court abused discretion by refusing to grant a continuance of a sentencing hearing to allow defense counsel to investigate allegations of juror misconduct?

California, United States of America


The following excerpt is from People v. Ross, E051536, Super.Ct.No. FBA1000053, Super.Ct.No. FBA900461 (Cal. App. 2011):

On appeal, defendant argues the trial court committed an abuse of discretion by refusing to grant a continuance of the sentencing hearing to allow defense counsel to investigate newly-discovered information about purported juror misconduct: "The question of whether a particular denial of a continuance is an abuse of discretion must necessarily turn on the circumstances of each case. (People v. Reaves (1974) 42 Cal.App.3d 852, 856.)" (People v. Butler (1980) 104 Cal.App.3d 868, 881.)

Other Questions


Does the trial court abuse its position in refusing to conduct an evidentiary hearing on the defense allegations of jury misconduct or in failing to compel jurors to testify? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
In what circumstances will the trial court exercise its discretion in refusing to grant the Attorney General's request for a hearing to appoint an expert counsel? (California, United States of America)
How have the courts treated comments made by counsel to the jury in defense counsel in cases involving misconduct allegations? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
What is the test for determining whether a defendant is entitled to an evidentiary hearing into allegations of juror misconduct? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Does the trial court abuse its discretion in refusing to question defense counsel's allusions to the possibility that others had a motive to commit the crimes against Treto? (California, United States of America)
When a defendant's request to represent himself was granted, when the trial court appointed a defense investigator, legal runner, and standby counsel, as well as granting pro. per. funds and telephone access, is he entitled to reversal? (California, United States of America)
In what circumstances have courts allowed defense counsel to elicit opinion testimony from the police officer who investigated a rape allegation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.