Puerto Rico Motion to have New Counsel Appointed - Marsden Motion

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US-02070BG
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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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FAQ

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;

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

In a Nutshell: A Marsden motion is a request by a defendant that the judge appoint another attorney (usually another public defender or alternate public defender) because defendant believes that his or her Sixth Amendment right to effective counsel is being violated in some way.

A defendant typically brings the motion because he wants to fire his public defender as his defense counsel for one of the following reasons: inadequate or ineffective assistance of counsel, legal malpractice, or. a conflict between the attorney and defendant.

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

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.

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Puerto Rico Motion to have New Counsel Appointed - Marsden Motion