http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/
(CR2010-101760)
6/29/2012 Notice Of Filing - Party (002)
NOTE: SUPPLEMENTAL/ OF LETTERS
6/29/2012 Request - Party (002)
NOTE: DEFENSE / FOR ORAL ARGUMENT ON STATES MOTION TO CONTINUE
6/28/2012 Notice Of Filing - Party (002)
NOTE: SUPPLEMENTAL/ LETTERS
6/28/2012 Reply - Party (002)
NOTE: STATES/ TO DEFENDANTS RESPONSE TO STATES MOTION TO CONTINUE SENTENCING SCHEDULED FOR JULY 6, 2012
I was just looking at this again, noting that State filed their Motion to Continue (NOTE: LETTERS) on 6/27.
I was wondering if anyone wants to speculate about the grounds for this motion and whether or not you think it will be granted.
Since I really got the Motion for Stay confused....don't trust my own ability to interpret these....
Here are some grounds for a Motion to Continue:
Several factors are considered in issuing a continuance on the ground that a witness or evidence is absent:
The expected evidence or witness is material and competent to the trial.[43][44][45]
There is a probability that the evidence will be forthcoming if the case is continued. (Case law reviewed) [46][47]
The moving party (the party requesting the continuance) has exercised due diligence (issued a subpoena) to secure the evidence or witness.[48][49]
A continuance may be granted in a criminal case where matters arise that could not have been reasonably anticipated. A continuance should be granted where depositions with information tending to create an alibi for the accused had been suppressed.[60]
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 there has been unexpected evidence or testimony. This includes additional witnesses not named in the original indictment, or unaticipated testimony of witnesses, such as major differences of fact from deposition and trial. Minor differences in testimony do not constitute surprise.[66][67][68]
[edit]Other grounds
A hearing may be held on the issue of the propriety of an application for a continuance.[133] However, there is no absolute requirement that a formal hearing in the matter of a continuance.
.........I'd be interested to hear what anyone feels may be applicable grounds in the Prosecution's motion. Since a hearing is not required, I wonder if the Judge can approve or deny the motion before July 6. Thank you anyone who wants to respond.