Witherspoon v. United States

*594FERREN, Associate Judge,

concurring in the result of Part II and otherwise concurring in the opinion of the court:

This case reflects a tug of war between the trial court’s responsibility to bring to trial a case for which counsel and the defendant had announced they were ready two months earlier, and the defendant’s new found desire for a continuance immediately before trial. The defendant claimed ineffectiveness of counsel and wanted a new lawyer to help him present additional witnesses. After the trial court denied the defendant’s pretrial motion, the request for a continuance was transmuted…