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While it is true that counsel indicated at the proceedings of November 7, 12 and 15, that he believed the 10-day period was expiring, such a statement was based on his erroneous interpretation of the statute, and did not constitute an objection to further continuances. If an affluent defendant chooses to employ a counsel who is involved in many other cases, then the courts, quite appropriately, can require the defendant to wait until his selected counsel is ready for trial; if the delay is unacceptable to the defendant, he can always engage another, less burdened attorney. If the public defender who is appointed to represent him is already handling so many cases that the defendant's case must "trail" beyond the 60-day period, the indigent necessarily loses his statutory right to a speedy trial. He must take his turn in the public defender's long line of undertakings and await a trial date after the expiration of the 60-day period contemplated by section 1382 when the beleaguered public defender has finally disposed of all the preceding cases.
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All of Townsend’s Reliever Series OA knee braces, as well as the company’s ligament and specialty braces, are made in the US by experienced technicians and orthotic craftsmen. Nearly 50% of the fabrication team members who work at the company’s manufacturing center in Bakersfield, CA, have at least 10 years tenure at Townsend. In the matter before us we have concluded, as we develop below, that the requested relief must be denied since trial herein was finally set to commence within the 10-day period contemplated by section 1382, subdivision 2. California contractors are required to submit their fingerprints to the board, which are then checked against criminal records held by the California Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) prior to obtaining a valid contracting license.
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Subsequent sections suggest the primary factor to be considered in evaluating the ends of justice is the unusual or complex nature of the case. The majority characterize this case as one involving a conflict between a defendant's right to a speedy trial and his right to effective assistance of counsel. With all due respect, I believe that a careful examination of the realities of this case reveals no such conflict. Rather, the fundamental question at issue is whether a defendant's right to a speedy trial can in [15 Cal.3d 787] practice be denied to an indigent defendant by a county's appointment of a counsel who is too heavily burdened and overworked to bring the defendant's case to an expeditious trial.
Supreme Court of California
Fundamental constitutional rights are not susceptible of waiver except by the defendant personally. 809, 464 P.2d 473] [right to plead not guilty and stand trial]; People v. Holmes (1960) 54 Cal.2d 442, 444 [5 Cal.Rptr. 871, 353 P.2d 583] [jury trial]; In re Tahl (1969) 1 Cal.3d 122, 132 [81 Cal.Rptr.
On Monday, November 18, prosecution and defense counsel both appeared, ready and willing to proceed. However, at this time the court [15 Cal.3d 779] on its own motion, a second judge sitting, over the objection of defense counsel who argued that the case was then in its 10th and final day, continued the matter until November 25 because of a calendar conflict. The court calculated that the 25th would be the 7th day of the 10 days contemplated in section 1382, subdivision 2. The defense objection was overruled and on November 19 a motion to dismiss was filed in the superior court on the ground that petitioner's right to a speedy trial had been violated. On November 27 proceedings below were stayed pending this court's determination of the matter. We are cognizant of the heavy caseloads resting upon the criminal trial courts of this state and upon the affected prosecutors' and public [15 Cal.3d 784] defenders' offices as well, and for the sheer necessity of the "trailing" practice here indulged.
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It was thereupon agreed between court and counsel that the matter be "trailed" or continued from day to day until such time as Millard became available. This "trailing" continued until November 12, on which day Millard appeared, announced he was "ready" for trial, but also explained to the court that he was "trailing" in another case, People v. Bond. Because the Bond matter was deemed by defense counsel to be the more pressing of the two, Millard once again requested that petitioner's case be trailed from day to day, pending his completion of the Bond trial. Millard stated to the court that he did not expect Bond to take more than an hour or two once trial began.
Townsend Design makes a wide range of exceptional ligament/OA braces and supports for rehabilitation from orthopedic injuries. You'll find a variety of braces designed for upper extremity injuries and Townsend knee brace products for treating ligament sprains, reconstructions, and arthritic knee conditions. Since the defendant did not personally waive his right to a speedy trial, and since the statute interpreting the outer limits of the constitutional right to a speedy trial was violated over defendant's persistent objections, I would issue the writ. We consider the question -- did the consent of petitioner's counsel to the various extensions of time bind petitioner? If not, the 60-day period contemplated by section 1382 having elapsed, the calculation of the 10-day grace period becomes moot and the information must be dismissed.
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Sign up for DME-Directs newsletter for special offers and new products. Many Townsend products feature unique designs that prevent brace slippage that differentiates their products over the competition and provides users with a higher level of performance and comfort. Founded in 1847 in Paris, Thuasne is positioned today as one of the major players in the medical appliance market.
Furthermore, we need not concern ourselves with the validity of this contention since the assumption upon which it depends is the result of a misinterpretation of section 1382, subdivision 2, as we demonstrate below. On August 16 an information was filed in respondent court, charging petitioner with a violation of Health and Safety Code section (sale of a controlled substance), and further alleging a prior conviction under [15 Cal.3d 778] former Health and Safety Code section (possession of marijuana). A public defender was appointed to represent petitioner, and the matter was continued to August 29.
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The [15 Cal.3d 789] "trailing" practice, as thus employed, completely negates the indigent defendant's right to a speedy trial. This result cannot be justified on the ground that an indigent defendant has no right to the appointment of a particular attorney and must be satisfied with whatever counsel the state chooses to afford him. [15 Cal.3d 790] (See, e.g., People v. Massie (1967) 66 Cal.2d 899 [59 Cal.Rptr.
Please take advantage of the peace of mind that only they can offer to Townsend Design purchasers. Some non-authorized sites sell counterfeit, second-hand merchandise, and/or products containing old fabrics, glues, and resins that do not perform as intended, and are therefore, not eligible for care under the Townsend Design warranty. Others do not offer the original Townsend Design warranty, nor do they offer any after-sales service of any kind. Townsend is known as the manufacturer that can handle the most difficult patients. Company employees are used to receiving leg casts or scans for patients who weigh 400 pounds or more, for example, and patients who have extremely disproportional legs or abnormal leg angulation.
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