Avery v. Alabama
United States Supreme Court
308 U.S. 444 (1940)
Relevant factsFree
Avery (defendant) was arrested for murder on a Monday, appointed counsel, and set for trial two days later. When the trial was pushed to Thursday, Avery's attorneys sought a continuance for more time to investigate; the trial court denied it, and Avery was convicted. His motion for a new trial was denied, and after the state supreme court affirmed his conviction, Avery petitioned the U.S. Supreme Court.
IssueFree
Whether denial of a continuance violates a criminal defendant's right to effective assistance of counsel when counsel had an opportunity to confer with the defendant and prepare a defense.