CARTER

v.

CALIFORNIA

Citator

Cited By

• United States v. Uptain, 531 F.2d 1281 (5th Cir. 1976)
  …or continuance presented to the trial court at the time the [*1286] request is denied. Ungar v. Sarafite, 376 U.S. 575, 84 S.Ct. 841, 11 L.Ed.2d 921 (1964); United States v. Sahley, supra; McKinney v. Wainwright, 488 F. 2d 28 (5 Cir.), cert. denied, 416 U.S. 973, 94 S.Ct. 1998, 40 L.Ed.2d 562 (1974). The reasons for a continuance which were timely asserted in this case fall into two categories. First, Uptain through his attorney claimed that the interval between arraignment and trial was insufficient to al…

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• United States v. Miller, 500 F.2d 751 (5th Cir. 1974)
  …se its discretion by denying Miller’s motions for continuance11 and for [*761] severance. See, e. g., Ungar v. Sarafite, 1964, 376 U.S. 575, 84 S.Ct. 841, 11 L.Ed.2d 921 (continuance); McKinney v. Wainwright, 5 Cir. 1974, 488 F. 2d 28, cert. denied, 416 U.S. 973, 94 S.Ct. 1998, 40 L.Ed.2d 562 (continuance); Leach v. United States, 5 Cir. 1968, 402 F. 2d 268, cert. denied, 1969, 393 U.S. 1082, 89 S.Ct. 864, 21 L.Ed.2d 775 (severance). Finally, we conclude that there was sufficient evidence for the district j…
• Dickerson v. State OF Ala., 667 F.2d 1364 (11th Cir. 1982)
  …cess of law.10 388 U.S. at 19, 87 S.Ct. at 1923. Not every denial of a motion for continuance to obtain witnesses violates the [*1370] accused’s right to compulsory process. See, e.g., McKinney v. Wainwright, 488 F. 2d 28 (5th Cir.), cert. denied, 416 U.S. 973, 94 S.Ct. 1998, 40 L.Ed.2d 562 (1974). A court may not, however, refuse to grant a reasonable continuance for the purpose of obtaining defense witnesses where it has been shown that the desired testimony would be relevant and material to the defense…