Court should have adjourned case for defendant to hire own attorney. State v. Martinez

Court should have adjourned case for defendant to hire own attorney.  State v. Martinez  440 NJ Super. 537 (App. Div. 2015)

The court examined the tension between a trial court's discretionary "authority to control its own calendar" by denying an adjournment request and the need to safeguard "a defendant's Sixth Amendment right to a fair opportunity to secure counsel of his own choice" in light of State v. Miller, 216 N.J. 40, 62, 65 (2013). Guided by the framework for review set forth in State v. Hayes, 205 N.J. 522 (2011), the court concluded the denial of defendant's request to adjourn trial, without weighing the facts presented supporting the requested adjournment, reflects an arbitrary exaltation of expedience in case processing at the expense of defendant's right to counsel. Accordingly, the court vacated the judgment of conviction and remands the matter for a new trial.