State v. Whipple

After jury selection had begun, the solicitor handed the defense attorneys 479 pages of new discovery materials. Three times the attorneys asked for a twenty-four hour continuance to allow them to review the materials, and three times the judge denied their request, finally giving them approximately five and a half hours, during which time they also needed to prepare their opening statement, and eat lunch. When the time expired, and the case was called for trial, the attorneys understandably did not renew their request. The majority finds in the failure to continue to argue with the judge a…