Right to COunsel


In the Penumbra of Martinez v. Ryan - Steps for Avoiding Procedural Default of IAC Claims in Federal Court

Posted: 10/9/12

This article addresses the US Supreme Court's decision in Martinez v. Ryan and examines the impact it may have on preserving habeas IAC claims in Third and Fifth District cases.

Martinez Article

Sample Motion to Expand Appointment to address Martinez/IAC claimsample motion PDF

The Implications of Padilla v. Kentucky for California's Appellate Practitioners

Posted: 9/25/12

This article addresses the appellate perspective for Padilla-IAC claims (failure to advise of immigration consequences of plea), and addresses various procedural vehicles for getting the issue before the appellate court.

Implications of Padilla Articlearticle PDF

Sample Motion to Expand Appointment to Address Padilla/IAC Claimsample motion PDF

Implications of Padilla v. Kentucky for California Defense Counsel

Posted: 04/9/10

A discussion of the ruling in Padilla v. Kentucky and its effect on California law by attorney Norton Tooby.

Implications of Padilla v. Kentucky for Defense Counsel

California Judges Benchguides—Right to Counsel Issues

Revised: 2012

This benchguide by the California Center for Judicial Education and Research is written for trial judges and provides an overview of the procedures involved in a number of counsel issues, including waiver of right to counsel (Faretta motions), substitution of appointed counsel (Marsden motions), the granting of co-counsel status to defendants, appointment of advisory and standby counsel, and court removal of counsel.

Right to Counsel Issues (external link)