Choice of Counsel

Name: People v. Lopez
Case #: A148539
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 04/11/2018
  • Categories: Choice of Counsel, Right to Counsel

Trial court abused its discretion by denying defendant's request to discharge his retained counsel as untimely, which denied his right to counsel of choice and automatically requires reversal. Lopez was charged with several sex offenses against two minors and was…

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Name: United States v. Yepiz
Case #: 07-50051
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/20/2016
  • Categories: Appeals, Areas Constitutional Law, Choice of Counsel, Other, Right to Counsel, Scope of Review

Prosecution may have violated Brady by failing to disclose extent of witness's relationship with law enforcement. Yepiz and eight other codefendants were convicted of a number of offenses, including violations of the RICO Act. They appealed on various grounds including…

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Name: People v. Knight
Case #: D067410
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/31/2015
  • Categories: Areas Constitutional Law, Choice of Counsel, Ineff. Assist. Counsel (IAC), Marsden, Right Against Self-incrim, Right to Counsel

Reversal required where trial court improperly warned defendant during Marsden hearing that he would waive his right to remain silent if he discussed the crime. Knight was convicted of robbery with two prior strikes. During a posttrial, presentence Marsden hearing,…

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Name: Joshua P. v. Superior Court (Los Angeles County)
Case #: B253564
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/29/2014
  • Categories: Choice of Counsel, Conflicts, Const./Statutory Reqmts, Public Defenders, Right to Counsel

Juvenile court abused its discretion by refusing to allow public defender (PD) to represent a qualified juvenile ward absent a showing that the accused was not indigent or a conflict existed. Joshua was the subject of juvenile delinquency proceedings based…

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Name: People v. Freeman
Case #: B237613
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/15/2013
  • Categories: Appeals, Choice of Counsel, Const./Statutory Reqmts, Duties of Counsel, Ineff. Assist. Counsel (IAC), Right to Counsel

Where the court determines that an appellant has been deprived of effective assistance by appellate counsel, the court can remove the attorney from the case. Appellant, having been sentenced to a 15-year-to-life term plus a determinate term, was represented on…

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Name: People v. Avila
Case #: B216207
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/06/2011
  • Categories: Areas Constitutional Law, Choice of Counsel, Other, Right to Counsel

The trial court does not abuse its discretion, or infringe on a defendant's right to counsel of choice, when it appoints separate counsel to represent defendant at a competency hearing following defendant's death threats against the prosecutor and the public…

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Name: People v. Sokolsky
Case #: B212437
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/21/2010
  • Categories: Choice of Counsel, Civil Commitments, Right to Counsel, SVP, Waiver of Counsel

There is no constitutional right to self-representation on appeal from an SVPA commitment. In his appeal from a jury verdict adjudicating him as a sexually violent predator under the Sexually Violent Predator Act (SVPA), appellant contended he had the right…

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Name: US v. Rivera-Corona
Case #: 08-30286
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/18/2010
  • Categories: Choice of Counsel, Right to Counsel

In reviewing a defendant's motion to discharge privately-retained counsel and to proceed with court-appointed counsel, the appellate court should determine if (1) the court conducted an "appropriate inquiry" into the defendant's financial eligibility; (2) if so, was the court correct…

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Name: Gressett v. Superior Court
Case #: A127100
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/28/2010
  • Categories: Choice of Counsel, Right to Counsel

An indigent defendant's preference for a particular attorney is not a determinative factor requiring the appointment of that attorney and appointment of counsel is within the discretion of the trial court. Petitioner, a former senior deputy district attorney, was charged…

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Name: People v. Bhasin
Case #: E046137
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/20/2009
  • Categories: Choice of Counsel, Conflicts, Right to Counsel, Scope of Right

A defendant's constitutional right to counsel of choice may be limited by the court's authority to maintain the orderly process of justice under the circumstances. Appellant was initially prosecuted for loan fraud and identity theft in Riverside County. Using the…

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