Is there any case law in which a defendant who refuses to undergo a medical examination to prove his physical disability is allowed to continue to stand trial?
MultiRegion, United States of America
The following excerpt is from United States v. Silverthorne, 430 F.2d 675 (9th Cir. 1970):
Moreover, it is an established principle of law in this and other circuits that a continuance of a criminal trial based upon physical disability is within the sound discretion of the trial judge. United States v. Bernstein, 417 F.2d 641, 643 (2nd Cir. 1969); Stein v. United States, 263 F.2d 579, 581-582 (9th Cir. 1959); United States v. Alker, 260 F.2d 135, 157 (3rd Cir. 1958). In light of appellant's flat refusal to undergo a
[430 F.2d 678]
medical examination that was requested by the court to verify his alleged physical disability, we hold that there was no abuse of discretion because his refusal raised the question of appellant's good faith.[430 F.2d 678]
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