Can a defendant substitute another attorney for a substitute attorney?

California, United States of America


The following excerpt is from People v. Jernigan, D060746 (Cal. App. 2013):

The Sixth Amendment right to assistance of counsel encompasses the right of a defendant to substitute another appointed attorney when the record shows the first appointed attorney is not providing adequate representation or when the defendant and the first appointed attorney have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. (People v. Memro (1995) 11 Cal.4th 786, 857.) However, the Sixth Amendment right to assistance of counsel only ensures the right to an adequate and competent defense, not the right to present a defense of the defendant's own choosing. (People v. Welch (1999) 20 Cal.4th 701, 728.) Accordingly, "[t]actical disagreements between the defendant and his attorney do not by themselves constitute an 'irreconcilable conflict.' 'When a defendant chooses to be represented by

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