Can a criminal defendant move for the removal of appointed counsel and the appointment of new counsel?

California, United States of America


The following excerpt is from People v. Henderson, F070562 (Cal. App. 2018):

8. Pursuant to People v. Marsden (1970) 2 Cal.3d 118, 123 (Marsden), a criminal defendant may move for the removal of appointed counsel and the appointment of new counsel "'"if he shows that, in its absence, his Sixth Amendment right to the assistance of counsel would be denied or substantially impaired."'" (People v. Jackson (2009) 45 Cal.4th 662, 682.)

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