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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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On the scheduled arraignment date before the RTC, Branch 6, for frustrated homicide, the accused, Raul Mendoza, appears without counsel. The defense moves for postponement claiming lack of counsel and requesting either appointment of counsel or a public defender. The court grants a 10-day suspension to allow the defense to secure representation and to consult with counsel. On the new arraignment date, Raul appears with counsel and pleads not guilty. (a)Identify the controlling doctrine on suspension of arraignment and the grounds for such suspension in this context. (b)Apply the doctrine to these facts: was the arraignment properly suspended? What is the effect on the information and the accused’s right to a speedy trial? (c)If the suspension had been longer than reasonably necessary, what remedy or consequence could the defense seek?

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Clara

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