Marsden

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
  • Categories: Conflicts, Due Process, Marsden, Right to Counsel, Similars/Character/Conduct

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,…

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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
  • Categories: Ineff. Assist. Counsel (IAC), Marsden, Right to Counsel

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…

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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
  • Categories: Marsden, Right to Counsel

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…

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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
  • Categories: Marsden, Right to Counsel

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…

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Name: People v. Loya
Case #: F069487
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/26/2016
  • Categories: Guilty Pleas, Marsden, Not Guilty by Insanity, Pleas, Right to Counsel

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…

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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
  • Categories: Marsden, Pretrial Motions, Right to Counsel, Severance/Consolidation

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…

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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: People v. Jones III
Case #: E052463
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/22/2012
  • Categories: Marsden, Right to Counsel

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…

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Name: Howes v. Fields
Case #: 10-680
Court: US Supreme Court
District USSup
Opinion Date: 02/21/2012
Subsequent History: 132 S.Ct. 1181; 182 L.Ed.2d 17
  • Categories: Marsden, Right to Counsel

Police questioning of a prison inmate about misconduct occurring prior to incarceration, alone, does not constitute "custodial" for Miranda purposes. While serving a sentence in jail, Fields was questioned about alleged sexual conduct with a minor. He was not first…

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Name: People v. Sanchez
Case #: S188453
Court: CA Supreme Court
District CalSup
Opinion Date: 12/05/2011
  • Categories: Ineff. Assist. Counsel (IAC), Marsden, Right to Counsel

If a defendant seeks to withdraw his plea of guilty based on ineffective assistance of counsel, with a clear indication that he wants substitute counsel, then the procedure of a Marsden hearing is required before the appointment of counsel to…

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