Topic: even if this were a 'proper' case in which to claim surpris… · Go Syfert
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Topic #33339

2 canonical passages across 2 cases, quoted by 11 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Barker.

#Case FlagCanonical passage Citers
1 State v. Barker Anchor
wva · 1982
green “even if this were a 'proper' case in which to claim surprise, the appellant failed to move for a continuance, and, therefore, waived his right to one” 6
2 Martin v. Smith
wva · 1993
green “even given that the admission of dr. adams' testimony prejudiced dr. smith's case, we find such prejudice far from incurable. dr. smith could have easily moved for a continuance in order to secure a comparable expert witness” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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