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Name: People v. Franks
Case #: C085073
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/30/2019

In order for a Sixth Amendment violation to lie under McCoy v. Louisiana (2018) 584 U.S. _ [200 L.Ed.2d 821], a defendant must make his intention to maintain his innocence as a defense strategy clear to counsel. Defendant was convicted of voluntary manslaughter for killing his girlfriend. Prior to trial, defendant attempted to have defense counsel replaced, and refused to speak with counsel about the case. During closing argument, counsel conceded that defendant was with the victim when she was injured and was at the victim's house shortly before family members found her body. Counsel argued the…

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Name: People v. Flores
Case #: D073215
District 4 DCA
Division: 1
Opinion Date: 04/12/2019

Attempted murder conviction reversed where defendant's attorney offered a lack-of-premeditation defense despite his client's express wish to claim his innocence. After his release from jail on weapons charges, Flores drove his car into a police officer, gravely injuring him. At Marsden hearings before trial, Flores repeatedly stated that trial counsel was "trying to make me admit to something that I don't want to admit." A jury found Flores guilty of premeditated attempted murder and assault with a deadly weapon upon a peace officer and found a number of enhancements true. On appeal, Flores argued it was structural error for his…

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