Arvin E. Mitchell - Page 5

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          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 AND             





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