Home -> Law Blog Directory -> Public Defense Blogs -> Indignant Indigent
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: Indignant IndigentNot an Abuse of Discretion to Deny Request for Adjournment
"The court granted defendant's "demand[]" for a new attorney approximately two weeks before trial was scheduled to commence, and defense counsel accepted the assignment with knowledge of the time constraints. We thus conclude that the court did not abuse its discretion in refusing to grant the requested adjournments (see People v Arroyave, 49 NY2d 264, 272; People v Povio, 284 AD2d 1011, lv denied 96 NY2d 923)."The court's decision raises an interesting (and possibly leave-worthy) issue of whether the Fourth Department can properly analyze such a request, couched in due process terms, under the "abuse of discretion" standard. In People v. Foy (32 NY 2d 473 [1973]), the Court of Appeals stated that
?recent decisions of this Court reflect a more liberal policy in favor of granting a short adjournment... when the delay is requested in order to insure [sic] a fundamental right?.There appears to be some dispute, even in other departments, over how or when this limitation on typically broad judicial discretion should apply.
Full post as published by Indignant Indigent on March 20, 2009 (boomark / email).
Financial Elder Abuse - Financial Exploitation, Elder Abuse Lawyers
Financial Elder Abuse alleging seniors are taken advantage of for their finances.
Teacher Student Abuse
Beaufort County agrees to pay $300,000 settlement to abuse victim.
Lawsuit Filed Against Legacy Health Care Facilities for Nursing Home Abuse
Legacy Health Care Facilities Face Class Action Over Allegations of Abuse
Estate Planners Face Elder Abuse Class Action
California Estate Planners Face Elder Abuse Class Action
Jury Awards $29M in Elder Abuse Case
Jury Awards $29M in Elder Abuse Case
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit
Senior Awarded $7.75 Million in Nursing Home Abuse Lawsuit

What does abuse of discretion mean in your case
Administration Reverses Its Earlier Denial of Amy Whitehouses Visa
getting a handle on abuse of discretion
First District Illinois Appellate Court States Standard Of Review For Class Certification
Boozman Votes Against Adjournment
Reconsideration Motion That Presented New Evidence Reviewed For Abuse Of Discretion







