Shores v. United States

“There will be no continuance in this case,” was the trial judge’s arbitrary and precluding statement without any inquiry of the appointee’s fitness or of his possible acceptance by appellant as counsel of his choice. Such a predisposition of an issue of constitutional right tendered by the uncontradicted affidavits in a motion which is unopposed by the prosecution transcends a mere question of discretion. Though the paramount fact in the case, the precluding effect of this ruling is not discussed in Judge WILBUR’S opinion, much less that it began the hearing on the issue and shut off all…