People v. Barba CA4/1

DISCUSSION

I.

Barba contends the court violated his fundamental constitutional rights to present a

defense and to have a fair trial by denying his March 7, 2013 request for a continuance of

his trial.

Background

After Barba lost consciousness in February 2013, defense counsel sought to delay

trial until a medical examination could be completed, which would determine whether

Barba was suffering from dementia. Barba's counsel's attached a declaration to his

continuance motion stating: "Mr. Barba is almost 73 years old. He has been observed by

family members talking to persons who are not there, forgetting simple tasks, losing

consciousness, and staring into space. There are preliminary indications that Mr. Barba

may be suffering from dementia. An examination by a neurologist has been scheduled by

Dr. Rickwa to determine whether in fact Mr. Barba has been suffering from this disease

which affects cognitive functioning. However, the neurologist's examination is

scheduled to take place after the week of March 11, 2013 which is currently set for trial."

At a March 11, 2013 hearing on the matter, the prosecutor opposed the motion:

"[W]hy is this brought up…