Here is the scenario:

Retained defense attorney went out of town and handed the case off to her newish associate. It is set for trial so he comes in to talk about it, says he likes the offer, but in the meantime is going to announce not ready at the trial setting. We agree that is all right, we have plenty more cases on the docket, so we do not issue any subpoenas and announce not ready also.

Judge says, "This case is old (it has not been reached before because we are trying even older cases and jail folk), I am announcing both sides ready and calling the case ready on Monday."

I caught the recent case out of Hays, but can find no similar holdings related to jury trial settings, nor any statute on point. Can he force us to a jury trial?

FYI, I could dismiss and reindict next month - no SOL problem, but that seems like a pointless game to play in response. I would rather know if there is a limit on his authority and that the "not ready" announcement actually bears meaning in a jury setting.

Thanks.

Whitney

Wasn't there some case out of Harris co that was reversed in the 90's because the judge announced a lawyer ready when the lawyer said not ready. Seems like it was similar circs, newly on case, not enough time to prepare, etc.

What do you do when you know you are right and the Judge will not let you explain the law? Have any of you been held in contempt for trying too hard to get the Judge to understand the law? Surely I won't have to pay $50 every time I piss off a Judge. What's the deal?? I wasn't being rude and there was no jury I just purposefully waited to present some testimony in rebuttal because I had not given any notice under 404b.
Where does my money goa nd do I have to report it to my insurance carrier?????