United States District Court, E.D. California
Barbara Hope O'Neill #102968 Attorney at Law Attorney for
MOTION TO CONTINUE TRIAL DECLARATION OF COUNSEL;
LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE
JUDGE OF THE ABOVE ENTITLED COURT AND TO THE ASSISTANT UNITED
requests to continue the trial date in the case at bar from
December 11, 2019 to January 21, 2020. Counsel needs addition
time to be properly prepared. The issues are receipt o
discovery, motions which must be filed and heard prior to the
start of the jury trial as well as investigation which
requires additional time. (See attached Declaration of
U.S.C. § 3161(h):
The following periods of delay shall be excluded in computing
the time within which an information or indictment must be
filed, or in computing the time within which the trial of any
such offense must commence: . . . (7)(A) any period of delay
resulting from a continuance granted by any judge. . . at the
request of the defendant or his counsel. . . if the judge
granted such continuance on the basis of his findings that
the ends of justice served by taking such action outweigh the
best interest of the public and the defendant in a speedy
the factors to be considered is outlined in
§3161(h)(7)(B)(iv): Whether the failure to grant such a
continuance in a case which, taken as a whole, is not so
unusual or so complex as to fall within clause (ii), . . . or
would deny counsel for the defendant or the attorney for the
Government the reasonable time necessary for effective
preparation, taking into account the exercise of due
time is needed for effective preparation. Counsel has
expended a great deal of time preparing since she was
appointed on Mr. Pearson's case. The discovery was not
complete. The last was received, which is the defendant's
criminal record, a few days ago. The issues outlined in
counsel's declaration justify a continuance.
was appointed to represent Mr. Pearson on October 17, 2019.
The jury trial was set for December 11, 2019 as Mr. Pearson
did not agree to exclude time. After reviewing the case
counsel concluded that motions must be filed and heard and
that further investigation was needed. Furthermore, all
discovery had not been received from the prosecutor.
Additional time is needed to be properly prepared. Though Mr.
Pearson objects to continuing the trial date, the ends of
justice will be served by so doing. Counsel who is properly
prepared is essential.
Barbara Hope O'Neill Declare Under Penalty of Perjury the
appointed on October 17, 2019 to represent Darnell Pearson ...