Is a denial of a continuance of a motion for a motion to keep a defendant on trial an abuse of discretion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rosas, 133 F.3d 930 (9th Cir. 1997):

"[T]he determination of whether a denial of a continuance constitutes an abuse of discretion turns largely upon the circumstances of the individual case." United States v. Flynt, 756 F.2d 1352, 59 (9th Cir.1985). Here, the trial judge was presented with a two-paragraph letter from Rosas' physician on the very eve of trial. The letter had no prognosis for Rosas' condition and offered no suggestion as to how Rosas' condition might be controlled on any future trial date. On the other hand, the trial judge had the opportunities to observe Rosas throughout the motions hearing. On the basis of his own observations, the judge ordered Rosas to appear for trial the next morning. Under these circumstances, the trial court's decision was not an abuse of discretion.

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