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If the defendant has been deceived by the state in a criminal action, a continuance can be granted. [61] [62] [63] A continuance can be granted if there is an amendment to the indictment or introduction of new information in the criminal complaint. [64] [65] A continuance may be granted because unexpected evidence or testimony has emerged.
] On October 31, the court granted a preliminary injunction which prohibits the USPTO from enforcing the patent rules on continuations and claims which were to come into effect the following day. [25] On April 1, 2008, the injunction was made permanent, [26] but in March 2009, it was overturned by United States Court of Appeals for the Federal ...
However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. [13] The judge must set forth, orally or in writing, his or her reasons for granting the continuance. [14]
In the motion debated during a hearing Monday, defense attorney Mark Miller said he was asking for "one final continuance" based on the "voluminous" amount of video surveillance, text messages and ...
A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. [1] The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered.
When available, and granted to a defendant, the judge normally adjourns the case for a period time, often in the range of six months to a year, after which time the case will be dismissed as long as the defendant has stayed out of trouble (i.e., has not been arrested again).
Barker's counsel did not object to the 13th or 14th continuances, but objected to the 15th continuance (March 1963 on the date of Barker's trial; the prosecution sought a continuance due to illness of the former sheriff, the chief investigating officer in the case) as well as the 16th continuance (June 1963, requested for the sheriff's ...
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