Is there any case law where a trial counsel's tardiness in providing a total defense during a detention hearing reduced the detention hearing to a farce or a sham?

California, United States of America


The following excerpt is from Carl T., In re, 1 Cal.App.3d 344, 81 Cal.Rptr. 655 (Cal. App. 1969):

We cannot say that appellant's trial counsel's tardiness in this regard reduced the detention hearing to a farce or a sham or that he thereby withdraw a crucial defense from appellant. (See People v. Ibarra, 60 Cal.2d 460, 464, 34 Cal.Rptr. 863, 386 P.2d 487.) Furthermore, an appellate court should be slow to invoke Ibarra because its knowledge of the total defense situation is a partial one at best since it is based exclusively on the record on appeal. (Cf. People v. Brooks, 64 Cal.2d 130, 140, 48 Cal.Rptr. 879, 410 P.2d 383.)

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