Can a defendant who falsely alleges that his attorney-client relationship has deteriorated by falsely alleging that defense counsel called him a racial slur?

California, United States of America


The following excerpt is from The People v. Brown, E048673, No. FVA701587 (Cal. App. 2010):

assist defendant in his malingering. "The right to assistance of counsel does not encompass the right to pursue frivolous or vexatious issues. [Citation.]" (People v. Hodges (2009) 174 Cal.App.4th 1096, 1107.)

The trial court determined, moreover, that defense counsel had not caused any deterioration in the attorney-client relationship, but rather that defendant had created the deterioration by falsely alleging that defense counsel had called him a racial slur. A defendant cannot force the substitution of counsel by feigning incompetency, malingering, manufacturing allegations against his counsel, and disrupting the proceedings. (People v. Smith, supra, 6 Cal.4th at p. 696.)

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