- 5 - document dated February 5, 2004, which we filed as petitioner’s supplement to petitioner’s motion for continuance, that stated in part the following: I unexpectedly came across some information that will certainly satisfy my original continuance motion’s requirement of extenuating circumstances or “compelling reasons.” This new evidence will absolutely pass muster with respect to justifying and legitimizing my request for continuance. Therefore I request now and/or I will do so in court next week (whichever is appropriate), that I be granted a continuance in light of the new evidence. This new evidence is fairly involved and will be time- consuming to present. Thus it is more practical and useful that I do a “show and tell” as opposed to just trying to verbally explain it to you. In fact, verbal explanation alone will be useless. I look forward to presenting the new evidence in court next week. On February 9, 2004, the day of the calendar call, petitioner faxed a letter to the Court stating that he was physically unable to appear in Court because of injuries he sustained in an accident. Petitioner later provided documentation to establish that he had been discharged from the hospital on the day before the calendar call. By order dated February 13, 2004, the case was continued generally. The case was recalendared, and a notice dated April 1, 2004, was sent to petitioner informing him that the case had been set for trial during the Court’s September 7, 2004, Philadelphia, Pennsylvania, trial session. The notice warned petitioner that “YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE ANDPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011