When will a court appoint a new attorney to investigate trial attorney incompetence?

California, United States of America


The following excerpt is from People v. Chau, D052350 (Cal. App. 8/7/2009), D052350 (Cal. App. 2009):

This question of appointment of counsel to investigate trial attorney incompetence ordinarily arises where defendant was represented at trial by appointed counsel. "When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of 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. [Citations.]" (People v. Diaz (1992) 3 Cal.4th 495, 573-574.) We conclude that the same rules should apply in the circumstances of this case where defendant is represented at trial by retained counsel but elects to represent himself at sentencing. We also conclude there was no abuse of discretion.

Other Questions


When a defendant has appointed a new attorney to investigate a claim of ineffective assistance of trial counsel, is the proper procedure to substitute a new appointed attorney for all purposes? (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)
Is appellant's contention that he would rather be able to represent himself rather than rely upon an attorney appointed by his appointed attorney without consulting the court? (California, United States of America)
Does the fact that appellant was found incompetent after the trial not establish that he was incompetent during the trial, but does not establish he was competent at the time of trial? (California, United States of America)
In what circumstances will the trial court exercise its discretion in refusing to grant the Attorney General's request for a hearing to appoint an expert counsel? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a defendant's request to represent himself was granted, when the trial court appointed a defense investigator, legal runner, and standby counsel, as well as granting pro. per. funds and telephone access, is he entitled to reversal? (California, United States of America)
How has the court disposed of a motion alleging that the trial court failed to conduct an inquiry into the grounds for appellant's dissatisfaction with appointed counsel? (California, United States of America)
Does a court have a duty to appoint a court-appointed interpreter for an indigent, non-English speaking litigant in a civil small claims proceeding? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.