For example, a 40-year-old has a maximum heart rate of 180 (208 - 0.7 x 40). Formulas aside, maximum heart rates vary, even among people of the same age. The formula is only relevant for groups of people, Levine says. For individuals, the prediction is off by plus or minus 10 to 20 beats per minute..
Determination. A motion for a continuance is heard by the court which rules upon it after an evaluation of the evidence before it. If a continuance is granted, the trial court will set its duration with regard to the rights of both parties and impose any necessary restrictions.
Discretion for the criminal trial court to grant or deny a continuance is ultimately limited and defined by the Sixth Amendment to the United States Constitution and the Fourteenth Amendment of the United States Constitution. These include the right to have effective counsel. Case law discussed. hearing may be held on the issue of the propriety of an application for a continuance. However, there is no absolute requirement that a formal hearing in the matter of a continuance. It is reversible error to deny a continuance because the trial court thought the defendant was malingering.