The decision to grant or deny a defendant's motion to continue his trial is left to the "sound discretion" of the trial judge. The Sixth District Court of Appeals determined that a Lucas County Judge abused her discretion in denying a request for a continuance in State v. Packer, 2010-Ohio-2627.
Packer was representing himself as he faced obstruction of justice and nonsupport of dependents charges and a week before trial he sought Psychiatric care due to serious emotional problems he was having. The doctor prescribed two drugs and those drugs impaired Packer's ability to defend himself. He requested a continuance, but the trial judge denied his request since she felt it was just a "delay tactic" and Packer was just "trying to delay the inevitable."
When Packer did not show for trial the next day, the judge even allowed the State to put on seven witnesses with no defense present whatsoever (now there's justice for you). Thankfully, the Sixth District Court of Appeals reversed on appeal because the trial judge's attitude in denying the requests for a continuance on day one was "unreasonable, arbitrary or unconscionable." Read the decision by clicking here.
