Can a defendant personally raise the issue of ineffective assistance of counsel by bringing a motion to discharge his attorney and appoint a new attorney?

California, United States of America


The following excerpt is from People v. Guess, B292000 (Cal. App. 2020):

People v. Marsden (1970) 2 Cal.3d 118 established the right of a defendant personally to raise the issue of ineffective assistance of counsel by means of a motion to discharge his attorney and appoint a new one. The defendant is entitled to relief on a showing that the first appointed attorney is not providing adequate representation or that the defendant and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result. (People v.

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Fierro (1991) 1 Cal.4th 173, 204.) Because a criminal defendant is entitled to competent representation at all times, the trial judge should appoint substitute counsel for a defendant when a proper showing has been made at any stage of the proceedings. (People v. Smith (1993) 6 Cal.4th 684, 694.)

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