Continuances. Some common grounds:
Discussion of continuances of motions for appropriate relief:
- Witness unavailable. Continuance requested.
See, e.g.United States v. Mow, 22 M.J. 906 (N.M.C.M.R. 1986); United States v. Maresca, 28 M.J. 328 (C.M.A. 1989).
- Obtaining civilian counsel. a. Three tries you’re out. United States v. Thomas, 22 M.J. 57 (C.M.A. 1986) (Military judge did not abuse discretion in refusing the accused a fourth continuance to permit attendance of civilian counsel where judge had gone to great lengths to accommodate accused’s wishes and where civilian counsel failed to make even a written appearance.) b. Compare United States v. Wilson, 28 M.J. 1054 (N.M.C.M.R. 1989) (Judge abused discretion in denying civilian counsel’s request for delay after he had made a personal appearance and could not try case earlier due to “existing professional obligations.”)
- Illness of counsel, judge, witness, member.
- Order of trial of related cases.
- Insufficient opportunity to prepare.
United States v. Galinato, 28 M.J. 1049 (N.M.C.M.R. 1989) (After military judge denied request for delay, defense counsel went “on strike” and refused to participate in case. Held: Accused denied assistance of counsel.)