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.

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