When a defendant makes a motion for a new trial alleging inadequacy of counsel, does the court have to appoint a new counsel?

California, United States of America


The following excerpt is from People v. Durant, B266164 (Cal. App. 2016):

counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant's claim of inadequacy relates to matters that occurred outside the courtroom, and the defendant makes a 'colorable claim' of inadequacy of counsel, then the trial court may, in its discretion, appoint new counsel to assist the defendant in moving for a new trial." (People v. Diaz (1992) 3 Cal.4th 495, 573-574 (Diaz).)

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