What is the test for a trial judge to protect a defendant's right to effective counsel?
California, United States of America
The following excerpt is from People v. Escarcega, 186 Cal.App.3d 379, 230 Cal.Rptr. 638 (Cal. App. 1986):
"[I]t is the duty of the trial judge to protect the defendant's right to a counsel who is effective. But in discharging that duty the judge must be on his guard neither to infringe upon the defendant's right to counsel of his choice, nor to compromise the independence of the bar." (Smith v. Superior Court (1968) 68 Cal.2d 547, 559, 68 Cal.Rptr. 1, 440 P.2d 65; emphasis in original.)
"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 a defendant's right to effective assistance of counsel violated by trial counsel's failure to challenge his prior strike? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial violated his constitutional right to effective assistance of counsel? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Is a defendant deprived of his constitutional right to effective assistance of counsel when a trial court denies his motion to substitute one appointed counsel for another? (California, United States of America)
