When will a trial date be set for a defendant in a capital murder case?

California, United States of America


The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):

On March 6, 1992, defense counsel explained that he was engaged representing a defendant in a different capital trial, People v. Carrion, that would take at least 45 days, excluding a possible penalty phase trial. He asked the trial court not to schedule defendant's case to begin until "at least a month" after the end of the Carrion case. The trial court agreed. Back in court on April 24, 1992, counsel explained

[27 Cal.Rptr.3d 376]

that he was engaged in plea negotiations with the prosecutor in defendant's case and hoped to reach a mutually agreeable plea agreement as a result of those negotiations. Both sides agreed to a continuance to May 22. At a status conference on May 21, 1992, the trial court announced that, barring a plea, it expected the matter to go to trial and asked the parties whether July 28 was a viable trial date. When both sides agreed, the trial court set the matter as a "must go" for July 28, 1992.

[27 Cal.Rptr.3d 376]

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