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Motion to have New Counsel Appointed - Marsden Motion

Alaska Motion to have New Counsel Appointed - Marsden Motion

Category:

Criminal - Counsel Appointments

State:

Multi-State

Control #:

US-02070BG

Format:

Instant download

Description

A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. 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.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Have New Counsel Appointed - Marsden Motion?

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FAQ

Both are paid by the state or federal government, but court-appointed attorneys are paid by the hour, while public defenders are salaried employees. However, court-appointed attorneys are private lawyers appointed by the court on a need basis, while public defenders are county, state, or federal employees.

A Marsden motion is a criminal defense motion made by a Defendant in a criminal case to discharge his/her court appointed attorney (public defender or private defender panel attorney), and substitute new counsel.

A Marsden Motion is a request by a criminal defendant to fire his or her appointed public defender and acquire new representation. The defendant must show that the appointed attorney is not providing adequate representation, or the attorney has a conflict with the defendant.

Sometimes before or during a trial, issues arise which need to be resolved before the trial can continue. To resolve such issues, one of the parties can make a motion. A motion is a request to the court for the judge to make a decision about the issue.

Some of the most common types of ineffective assistance of counsel claims involve: Failure to conduct an adequate investigation; Failure to file or litigate pre-trial motions; Failure to object to the introduction of inadmissible evidence; Failure to preserve issues for appeal;

A ?Marsden Motion? is brought by a defendant in a California criminal case asking to discharge the court-appointed attorney or public defender. This motion is filed with the court and the request is evaluated at a Marsden Hearing where the court makes a ruling.

Please note that a Marsden motion is the only way by which a defendant in a California criminal case can fire his court-appointed lawyer to get a substitution of counsel. Please also note this motion only applies to public defenders.

HOW DO I MAKE A MARSDEN MOTION? Generally, the defendant ini?ates a request for a subs?tu?on of counsel by making an oral mo?on in open court. Although a formal mo?on is not required, the defendant must clearly indicate that he/she wants a different atorney. People v Sanchez (2011) 53 C4th 80, 89-90, 133 CR3d 56.

Alaska Motion to have New Counsel Appointed - Marsden Motion

Description

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Alaska Motion to have New Counsel Appointed - Marsden Motion

Description

Related forms

Viewed forms

How to fill out Motion To Have New Counsel Appointed - Marsden Motion?

Form popularity

FAQ

What is the difference between a court appointed attorney and a public defender?

What is a Marsden?

What is a Marsden motion?

What is a motion hearing?

What are the five most common ineffective assistance of counsel claims?

What is a Marsden trial?

Can I fire my public defender California?

How do you make a Marsden motion?

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