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Arbitrary denial of continuance for defense counsel warranted habeas relief

By John Wesley Hall, Jr.

Trial court's denial of a continuance for substitution of counsel for a one day trial was arbitrary and error and justified habeas relief [even under AEDPA's high standard]. Carlson v. Jess, 526 F.3d 1018, 1025-26 (7th Cir. 2008): First, we examine whether the trial court's denial of Carlson's motion for substitution of counsel and a continuance was arbitrary. Because trial courts have broad discretion on matters of continuances, “only an unreasoning and arbitrary ‘insistence upon expeditiousness in the face of a justifiable request for delay’ violates the right to the assistance of counsel.” Morris, 461 U.S. at 11-12, 103 S.Ct. 1610 (quoting Ungar, 376 U.S. at 589, 84 S.Ct. 841). The State argues that the trial court's exercise of discretion was not arbitrary because it listened to the arguments and concluded that (1) the timing of the request for adjournment, (2) the young age of the victim, and (3) the satisfactory relationship between Kaiser and Carlson all necessitated denying Carlson's request for an adjournment to substitute counsel...continue to full post

Full post as published by Law Of Criminal Defense on June 20, 2008 (boomark / email).