United States v. Ploeger, 19922.
| Decision Date | 21 July 1970 |
| Docket Number | No. 19922.,19922. |
| Citation | 428 F.2d 1204 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Ronald Edward PLOEGER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
William J. Dammarell (Court Appointed), Cincinnati, Ohio, for appellant.
Robert E. Rawlins, Lexington, Ky., (Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., on the brief), for appellee.
Before PHILLIPS, Chief Judge, and PECK and McCREE, Circuit Judges.
The Elsmere (Kentucky) Branch of the Peoples Liberty Bank and Trust Company of Covington, Kentucky, was robbed at gun point on November 21, 1967, and on December 9 the defendant-appellant was arrested in Chicago, Illinois, in connection with that offense. Indigency having been established, the District Court appointed counsel to represent him in the proceedings which resulted in his removal to the Eastern District of Kentucky. Prior thereto, appellant privately retained his appointed attorney, Howard R. Kaufman, to represent him in an effort, which ultimately proved successful, to recover certain money which had been in his possession at the time of arrest but which had thereupon passed into government custody.
Following his removal to the Eastern District of Kentucky, an indictment was returned March 4, 1968, charging violation of 18 U.S.C. § 2113(a), (c) and (d), by robbing the Peoples Liberty Bank and Trust Company. On the following day, indigency having again been sworn to by the appellant, two attorneys were appointed to represent him, he was arraigned and a plea of not guilty was entered, and the case was set for trial on March 14. On March 14 Mr. Kaufman appeared, stating that he had the day before received a letter from the appellant asking that he (Kaufman) represent him, and upon their joint request appointed counsel were relieved and Kaufman substituted as defense counsel. Mr. Kaufman then requested a continuance, stating that time was needed for trial preparation, and suggested that if necessary the case go over until the fall term of court; it is noted that appellant was incarcerated, not out on bond. The request was denied, and the trial commenced forthwith. The next day the jury returned a verdict of guilty and on that day a twenty year committed sentence was imposed.
We recognize at the outset that as argued by the appellee, the ruling on a motion for continuance is within the sound discretion of the trial judge and his action thereon will be set aside only when there is clear...
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...States v. Wirsing, 719 F.2d 859, 865 (6th Cir.1983); United States v. Faulkner, 538 F.2d 724, 729 (6th Cir.1976); United States v. Ploeger, 428 F.2d 1204 (6th Cir.1970). There is no mechanical test for deciding when a denial of a continuance is so arbitrary as to violate due process. Ungar,......
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...v. Helwig, 159 F.2d 616, 618 (3d Cir. 1947); United States v. Millican, 414 F.2d 811, 814 (5th Cir. 1969); United States v. Ploeger, 428 F.2d 1204, 1205--1206 (6th Cir. 1970).79 Ungar v. Sarafite, supra note 78, 376 U.S. at 589, 84 S.Ct. at 849.80 See Hergenrother v. State, 215 Ind. 89, 18 ......
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