Friday, December 16, 2011

Refusal to grant continuance was an abuse of discretion (12 16 11)

Montgomery County trial judge Mary Wiseman abused her discretion when she refused to grant a one-day continuance to allow the defense to secure the testimony of a "potentially important defense witness." The Second District Court of Appeals for Montgomery County reversed the convictions and remanded the case for a new trial in State v. Fairman, 2011-Ohio-6489. The Court of Appeals cited the factors to be considered when ruling on a motion for a continuance. Those factors were identified in Ungar v. Sarafite (1964), 376 U.S. 575, 589. State v. Fairman, 2011-Ohio-6489.

Contact me if you need a Dayton Criminal Lawyer for your appeal or other post-conviction matter by going to my Web site www.robertalanbrenner.com and filling in the "contact me" form. Visit www.ohiocriminaltriallawyer.com if you need an experienced Dayton Criminal Defense Lawyer to represent you in the trial court.



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