Choice of Counsel

Name: People v. Lopez
Case #: A148539
Opinion Date: 04/11/2018
  • Categories: Choice of Counsel, Right to Counsel

Summary

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
Opinion Date: 12/20/2016
  • Categories: Appeals, Areas Constitutional Law, Choice of Counsel, Other, Right to Counsel, Scope of Review

Summary

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
Opinion Date: 07/31/2015
  • Categories: Areas Constitutional Law, Choice of Counsel, Ineff. Assist. Counsel (IAC), Marsden, Right Against Self-incrim, Right to Counsel

Summary

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
Opinion Date: 05/29/2014
  • Categories: Choice of Counsel, Conflicts, Const./Statutory Reqmts, Public Defenders, Right to Counsel

Summary

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
Opinion Date: 10/15/2013
  • Categories: Appeals, Choice of Counsel, Const./Statutory Reqmts, Duties of Counsel, Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

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. Sokolsky
Case #: B212437
Opinion Date: 09/21/2010
  • Categories: Choice of Counsel, Civil Commitments, Right to Counsel, SVP, Waiver of Counsel

Summary

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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