Does a motion to relieve a defendant's court-appointed attorney need to be considered before a hearing?
MultiRegion, United States of America
The following excerpt is from Perry v. Beard, No. 2:12-cv-02270-JKS (E.D. Cal. 2014):
2. People v. Marsden, 465 P.2d 44 (Cal. 1970) (holding it was error for the trial court to deny a defendant's motion to relieve his court-appointed attorney without holding a hearing to allow the defendant to explain its grounds).
3. Faretta v. California, 422 U.S. 806 (1975) (holding that a defendant in a state criminal trial has the constitutional right to refuse appointed counsel and represent himself when he does so voluntarily and intelligently).
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