Does a defendant have the power to control the substance of his defense?
California, United States of America
The following excerpt is from People v. Joseph, 196 Cal.Rptr. 339, 34 Cal.3d 936, 671 P.2d 843 (Cal. 1983):
Although it is axiomatic that ordinarily a defendant controls the substance of his defense, in People v. Chadd (1981) 28 Cal.3d 739, 170 Cal.Rptr. [34 Cal.3d 949] 798, 621 P.2d 837, we refused to permit a capital defendant to plead guilty over the objection of his attorney
Page 347
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is possession of a controlled substance for the sole purpose of disposing of it a defense to criminal possession of the controlled substance? (California, United States of America)
Is possession of a controlled substance necessarily included in a charge of possessing the same controlled substance for the purpose of sale? (California, United States of America)
Can a defendant be found guilty as an aider and abettor as a result of his or her right to control of a controlled substance? (California, United States of America)
If a defendant is convicted of possession of two or more "batches" of a single controlled substance under section 654 of the California Controlled Substitute Act, can he receive a concurrent or consecutive sentence? (California, United States of America)
Does a jury have to decide whether a defendant acted in self-defense against another defendant in a domestic violence case? (California, United States of America)
Is a defendant's ability to handle a defense of entrapment defense of his own? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
What is the totality of the evidence against defendant in his possession of a controlled substance? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any case law where evidence of a defendant's plan to sell controlled substances was not admissible? (California, United States of America)
