Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process?

California, United States of America


The following excerpt is from People v. Numan, C056530 (Cal. App. 9/29/2008), C056530 (Cal. App. 2008):

Defendant contends the denial of his motion violated his right to jury trial and due process pursuant to Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856] (Cunningham) and was an abuse of discretion. We reject both claims.

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