What does Marsden mean in court?

WHAT IS A MARSDEN MOTION? A Marsden motion is a criminal defense motion made by a Defendant in a criminal case to discharge his/her court appointed attorney (public defender or private defender panel attorney), and substitute new counsel.

How do you beat a Marsden motion?

To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.

Can you fire your public defender in California?

You can fire your public defender by making a Marsden motion the next time you go to court. If you want a different public defender the only thing that you can do is contact the head deputy of the court where your case is at. He may but he does not have to assign you a different public defender.

Can you request a new public defender?

If a defendant or client makes the request for a new attorney, they will have to give the reasons why they want a new attorney. Usually the defendant will make the request in open court or will file a motion or send a letter to the judge explaining why they want a new public defender.

What is a Faretta hearing?

A Faretta hearing is when the judge rules on the defendant’s motion to go pro per. If the motion is granted, the defendant waives the right to counsel and represents himself or herself in a criminal proceeding.

What is considered ineffective counsel?

Ineffective assistance of counsel is a claim asserted by a criminal defendant that his or her defense attorney failed to perform in a reasonably competent manner. This violates the right to effective counsel (and thus a fair trial) as guaranteed by the Sixth Amendment to the U.S. Constitution.

What is prejudice prong?

With respect to the prejudice prong, a defendant must show that “counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” That is, a defendant must show that there was “a reasonable probability that, but for counsel’s unprofessional errors, the result of the …

What is a Marsden hearing in Ohio?

A Marsden Hearing is a way of seeking new counsel in California. Ohio courts handle these in a number of different ways. Some have a hearing and some simply look at the motion on its face. If the court does not provide you with a hearing you can renew your motion at your next court date (often times).

What is a Marsden Motion?

A Marsden motion is a legal document, brought by a defendant and filed with the court, seeking to fire the person’s public defender or court-appointed attorney. The court considers and rules on the motion at a Marsden Hearing.

Can a prosecutor be present at a Marsden motion hearing?

A prosecutor may not be present during a court hearing on a Marsden Motion. To require that a Marsden hearing be conducted, “no formal motion is necessary, [but] there must be ‘at least some clear indication by defendant that [they] want a substitute attorney.'” Valdez, citing Peopl v. Luck, 45 Ca. 3d 259 (1988

Why did the judge refuse to listen to Marsden’s evidence?

The judge refused to listen to the specific examples Marsden tried to tell the judge. Marsden was convicted, and appealed. The appeals court found that the judge must consider specific examples of inadequate representation before deciding whether or not to appoint a new attorney for a criminal defendant.