Can a criminal defendant change trial counsel during the course of the trial?
MultiRegion, United States of America
The following excerpt is from United States v. Main, 443 F.2d 900 (9th Cir. 1971):
The governing legal principles are well settled. A criminal defendant does not have an absolute right to a change in trial counsel during the course of the trial. See Sanchez v. United States, 311 F.2d 327, 333 (9th Cir. 1962). Discharge of trial counsel is "a matter resting peculiarly and entirely within the sound discretion of the trial judge. His action must be sustained * * * in the absence of a showing of
[443 F.2d 901]
clear abuse of discretion." Good v. United States, 378 F.2d 934 (9th Cir. 1967). Relief from conviction on the ground that defendant was denied the effective assistance of counsel "will be granted only when the trial was a farce, or a mockery of justice, or was shocking to the reviewing court, or the purported representation was only perfunctory, in bad faith, a sham, a pretense, or without adequate opportunity for conference and preparation." Borchert v. United States, 405 F.2d 735, 738 (9th Cir. 1968), and cases cited therein.[443 F.2d 901]
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