Legal Question in Criminal Law in California

What key elements are necessary in order to win a Marsden Motion?


Asked on 9/21/10, 11:01 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either 1) that appointed counsel is not providing adequate representation, or 2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. People v. Barnett (1998) 17 Cal.4th 1044, 1085; People v. Mayfield (1997) 14 Cal.4th 668, 795.) Denials of Marsden motions are reviewed under an abuse of discretion standard. Since few public defenders, in my opinion, provide adequate representation, you might be attempting to replace one ineffective lawyer with another.

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Answered on 9/27/10, 12:16 am


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