Can a judge be found to have abused his discretion in denying a continuance?
MultiRegion, United States of America
The following excerpt is from United States v. Nina, No. 14-2187-cr (2nd Cir. 2015):
Trial judges are given significant latitude in the scheduling of trials, and we therefore review an order denying a continuance for abuse of discretion. United States v. O'Connor, 650 F.3d 839, 854 (2d Cir. 2011). Abuse of discretion will be found only when the denial of the continuance constituted an "arbitrary action that substantially impaired the defense." Id. (internal quotation marks and citation omitted).
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