# Daley v. United States

> District of Columbia Court of Appeals · September 30, 1999 · 739 A.2d 814

URL: https://www.frixlaw.com/law-library/cases/9714234

## Case

- **Full name:** John P. DALEY, Appellant, v. UNITED STATES, Appellee
- **Court:** District of Columbia Court of Appeals
- **Decided:** September 30, 1999
- **Citations:** 739 A.2d 814; 1999 D.C. App. LEXIS 221; 1999 WL 799052
- **Precedential status:** Published
- **Opinion:** Concurrence by Schwelb
- **Judges:** Wagner, Schwelb, King
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9714234

## How later opinions describe it (automated extraction)

- noting that denial of request for continuance is reviewed for abuse of discretion

## Opinion text

SCHWELB, Associate Judge,
concurring.
I join the court’s opinion, but add a few words to emphasize that even the wide latitude accorded to the trial judge in passing on a motion for a continuance was transgressed in this case.
The dialogue between the trial judge and Daley’s attorney quoted in footnote 4 to Judge King’s opinion reveals beyond *819 any doubt that the judge was concerned solely about expediting the trial, to the exclusion of all other considerations. Indeed, the judge summarily dismissed counsel’s attempt to proffer what the barber’s testimony would be, even though, as the court points out, any delays in producing the witness would probably have been minimal. Such “a rigid insistence by the court upon expedition of trial in the face of a justifiable request for delay can render the right to defend an empty formality.” Edelen v. United States, 627 A.2d 968 , 972 n. 7 (D.C.1993) (quoting O’Connor v. United States, 399 A.2d 21, 28 (D.C.1979)).
The right to call witnesses in one’s own behalf is a “fundamental element of due process of law.” Washington v. Texas, 388 U.S. 14, 19 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967). Where a witness is temporarily unavailable and the defendant seeks a continuance, “the fundamental character of that right is a major factor to be considered in the balancing process.” Martin v. United States, 606 A.2d 120, 127 (D.C. 1991) (citation omitted). The judge’s refusal even to entertain defense counsel’s' proffer, or to consider the likely brevity of any delay, cannot be reconciled with these authorities.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9714234. Public record. Not legal advice.