What is a Marsden motion?

A Marsden motion is a legal document, brought by a criminal defendant and filed with the court, to fire a defendant's court-appointed counsel (usually a public defender) and get new counsel. The name of the motion comes from a real California court case of People v. Marsden.

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Motion to have New Counsel Appointed - Marsden Motion

North Dakota 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

?Faretta holds that the Sixth Amendment grants an accused personally the right to present a defense and thus to represent [herself] upon a timely and unequivocal request. [Citation.] The right to self-representation . . .

A Faretta hearing is when the judge hears evidence concerning the Faretta motion and decides whether or not to allow you to represent yourself pro per. During the hearing, the judge will question you to decide whether you are mentally competent to waive your right to counsel.

(a) Right to Counsel. An indigent defendant facing a felony charge in state court is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.

6?3 decision for Faretta The Supreme Court held that a defendant in a state criminal trial has the constitutional right to defend himself when he voluntarily and intelligently wants to do so. In this case, Faretta was deprived of that constitutional right.

A Marsden motion is a legal document, brought by a criminal defendant and filed with the court, to fire a defendant's court-appointed counsel (usually a public defender) and get new counsel. The name of the motion comes from a real California court case of People v. Marsden.

The Faretta court did say that a defendant must knowingly and intelligently waive the right to counsel and must be advised of the dangers and disadvantages of self-representation so that the record establishes that the defendant knows what he's doing. This is where the so-called ?Faretta admonishments? come into play.

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.

North Dakota Motion to have New Counsel Appointed - Marsden Motion

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North Dakota 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 a Faretta request?

What is a Faretta hearing?

What is the right to counsel in North Dakota?

What was the outcome of the case Faretta v California?

What is a Marsden motion?

What is a Faretta hearing in Florida?

What is the Faretta warning in Texas?

How do you make a Marsden motion?

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