Does a trial court have an obligation to listen to a defendant's reasons for claiming inadequate representation?

California, United States of America


The following excerpt is from People v. Gardner, C078066 (Cal. App. 2017):

Citing People v. Cruz (1978) 83 Cal.App.3d 308, defendant argues the trial court did not adequately inquire of counsel regarding his review of discovery, his investigation efforts, or his trial preparation. People v. Cruz held that the trial court has an obligation to listen to a defendant's reasons for claiming inadequate representation and make an inquiry into the state of mind of the court-appointed attorney. (Id. at p. 316.) People v. Cruz held that the trial court abused its discretion where the defendant asserted a conflict of interest with the entire public defender's office and the trial court did not inquire into the particulars of the claim and "failed completely to ask . . . the public defender . . . to respond to the charges." (Id. at p. 317.)

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