How have courts treated motions to relieve a defendant's court-appointed attorney?

MultiRegion, United States of America

The following excerpt is from Perry v. Beard, No. 2:12-cv-02270-JKS (E.D. Cal. 2014):

1. 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).

2. 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).

Other Questions


If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
Is it error for a trial court to deny a defendant's motion to relieve his court-appointed attorney without a hearing? (MultiRegion, United States of America)
Does a motion to relieve a defendant's court-appointed attorney need to be considered before a hearing? (MultiRegion, United States of America)
Does the federal court have jurisdiction to hear a motion in a motion brought by defendants in a civil case brought by the Department of Justice against the Attorney General? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Can a motion to relieve a court-appointed attorney be granted without a hearing? (MultiRegion, United States of America)
Does a state court have more latitude than a federal court to reasonably determine that a defendant has not satisfied the standard of conduct required for a motion to be heard in a civil case? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.