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Name: People v. Carter
Case #: S278262
Court: CA Supreme Court
Opinion Date: 05/20/2024

Prior to an SVP trial, the superior court abused its discretion in denying Carter’s Marsden motion without an adequate inquiry and further deprived Carter of effective assistance of counsel by failing to appoint substitute counsel to evaluate his motion to dismiss. After waiting over 12 years, Carter sought to file a motion to dismiss the SVP petition against him, and requested to replace the Public Defender’s Office under Marsden. The trial court erred in conducting an insufficient Marsden inquiry and in instructing Carter to file his motion to dismiss pro se. The trial court should have considered Carter’s Marsden motion…

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Name: People v. Ferenz (2024) 99 Cal.App.5th 1032
Case #: H049430
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/26/2024
Subsequent History: ordered published 2/21/2024

Police reports, district attorney investigative reports, interview transcripts, preliminary hearing transcripts, and prior conviction records were properly attached to prosecutor’s statement of view pursuant to Penal Code section 1203.01. Defendant pleaded no contest to rape of an unconscious person, forcible rape, and dissuading a witness and was sentenced to state prison. Prior to sentencing, the prosecutor submitted a statement of view, which included the above-refenced attachments, noting the materials could be relevant to assess defendant for possible treatment as a sexually violent predator (SVP). On appeal, defendant argued the attachments impermissibly went beyond the scope of the crimes committed, contained…

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Name: People v. Panighetti (2023) 95 Cal.App.5th 978
Case #: C095100
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/25/2023

Trial court did not abuse its discretion in denying multiple Marsden motions where disputes between trial counsel and defendant were over tactical decisions and trial counsel presented a defense consistent with the law. Defendant and Jill Doe practiced bondage, discipline, sadism, and masochism (BDSM) over a number of years together. Doe contacted police several times throughout the relationship when the encounters turned violent. Doe and Defendant reconnected in 2020 and their initial consensual sexual encounter was followed by violent encounters. Defendant was charged with multiple sex offenses. At trial, the jury rejected the defense that, by virtue of Doe's written…

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Name: People v. Lucero
Case #: E067000
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/14/2017

Where relief was granted in an earlier appeal based on ineffective assistance of counsel, the trial court on remand was not required to appoint a different attorney because defendant did not request one. Lucero failed to appear for part of his criminal trial and a jury convicted him of felony offenses in his absence. Trial counsel filed a motion for a new trial on the ground that defendant had been unable to appear for legitimate medical reasons. However, counsel conceded that the motion was untimely and the trial court did not read it. In his first appeal, Lucero's judgment…

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Name: People v. Armijo
Case #: B266687
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/19/2017

Trial court erred in failing to hold a Marsden hearing in response to defendant's letter to the trial court requesting replacement attorney. Prior to entering a negotiated no contest plea, defendant sent two letters to the trial court expressing concern that the public defenders assigned to him had provided ineffective assistance, and requesting substitute counsel. Defendant's request for a certificate of probable cause to challenge the validity of the plea was granted. On appeal, defendant argued his plea and conviction should be vacated because the trial court failed to hold a Marsden hearing. Held: Conditionally reversed. Under People v. Marsden

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Name: People v. Jackson
Case #: G051606
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/27/2017

Trial judge assigned to defendant's upcoming bench trial did not err in transferring Marsden motion to another judge. Defendant was charged with committing multiple sex crimes and possession of child pornography. Judge Rogan, the trial judge, granted defendant's motion to sever the pornography charge and defendant waived his right to a jury trial on that charge. Following his jury conviction on the sexual misconduct charges, defendant filed a Marsden motion to replace his trial attorney. Counsel requested the Marsden motion be transferred to a different judge in light of the upcoming bench trial before Judge Rogan on the pornography charge.…

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Name: People v. Loya
Case #: F069487
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/26/2016

Trial court abused its discretion by rejecting a proposed plea bargain without any justification. Loya was charged with evading police, hit and run, resisting arrest, and other offenses. Although he negotiated a plea agreement with the prosecution for a stipulated term, he repeatedly informed the court that he really wanted to plead not guilty by reason of insanity (NGI) and the court repeatedly responded that it would not accept an NGI plea. At the end of the colloquy, the court refused to take an NGI plea and also refused to accept the plea agreement although Loya said he would sign…

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Name: People v. Zendejas
Case #: B260892
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/31/2016

Joint trial of codefendants is proper even though one codefendant felt tormented and distressed because she had to sit next to the other codefendant who tried to kill her. Zendejas and her boyfriend, Garza, robbed and assaulted their roommates. While on the run, Garza tried to kill Zendejas. Both were ultimately tried jointly for the robbery and convicted. On appeal, Zendejas argued that having to sit next to Garza during the trial caused her torment and distress that interfered with her right to counsel and a fair trial. Held: Affirmed. Penal Code section 1098 sets forth the legislative preference for…

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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

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, the trial court advised Knight that he would waive his right to remain silent if he discussed the circumstances of the robbery. Knight then stopped talking about the robbery and simply voiced the same complaints that he had made at an earlier Marsden hearing. The court denied the Marsden motion and sentenced Knight to a 25-years-to-life term. Knight appealed, claiming…

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Name: People v. Jones III
Case #: E052463
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/22/2012

Appellant abandoned his Marsden motion where he failed to bring court's attention to its failure to hold a hearing. Jones filed a Marsden motion asserting that his counsel failed to file a Penal Code section 995 motion which would have been meritorious. Jones was present when the trial court heard pretrial motions and discussed jury selection. The court took a waiver of Jones's right to a trial on his prior convictions. It inadvertently failed to hold a hearing on the Marsden motion. Before the jury was brought in, the court noted that it believed it had resolved all of…

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