Right to Counsel

Whether the Trial Court’s Failure to Appoint Substitute Counsel Deprived Defendant of the Effective Assistance of Counsel

Did the trial court deprive defendant of effective assistance of counsel by failing to appoint substitute counsel to evaluate and potentially argue defendant’s pro. per. motion to dismiss after appointed counsel refused to consider the motion based on an asserted conflict in arguing her own ineffective assistance of counsel?  

Case: People v. Carter (2022) 86 Cal.App.5th 739, review granted 3/1/2023
Case Number: S278262/C094949
Updated: March 1, 2023
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Appointed Counsel for Misdemeanant for People’s Appeal

Is the Appellate Division of the Superior Court required to appoint counsel for an indigent defendant charged with a misdemeanor offense on an appeal by the prosecution? Held: An indigent defendant respondent in a pretrial prosecution appeal is entitled to appointment of counsel. The trial court granted defendant's motion to suppress evidence (Pen. Code, § 1538.5) in a misdemeanor case, and…

Case: Gardner v. Appellate Division of Superior Court (2019) 6 Cal.5th 998
Case Number: S246214
Updated: March 28, 2019
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IAC for Failure to File Notice of Appeal When There is an Appeal Waiver

Does the "presumption of prejudice" recognized in Roe v. Flores-Ortega (2000) 528 U.S. 470, apply where a criminal defendant instructs his trial counsel to file a notice of appeal but trial counsel decides not to do so because the defendant's plea agreement included an appeal waiver? (Garza v. State (Idaho 2017) 405 P.3d 576, cert. granted 6/18/2018 (17-1026).) [Editor's Note: In Roe v. Flores-Ortega, the court…

Case: Garza v. Idaho (2019) __ U.S. __ [139 S.Ct. 738]
Case Number: 17-1026
Updated: February 27, 2019
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IAC for Failing to Advise Potential SVPA Involuntary Commitment

(1) Does constitutionally effective assistance of counsel require defense counsel to advise a defendant that a guilty plea may subject the defendant to commitment proceedings under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.; SVPA)? If so, did petitioner in this case suffer prejudice? (2) In the alternative, should this Court, in the exercise of…

Case: In re Tellez (2022) 84 Cal.App.5th 292, review granted 1/19/2022
Case Number: S277072/D079716
Updated: January 25, 2023
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