How has the court treated the issue of substitute counsel in the sanity phase of a criminal case?

California, United States of America


The following excerpt is from People v. Cook, A144404 (Cal. App. 2016):

After the case was submitted to the jury at the conclusion of the guilt phase, appellant advised the court he was dissatisfied with his defense counsel and the court held a hearing to consider appointing substitute counsel under People v. Marsden (1970) 2 Cal.3d 118. The court denied the motion and appellant does not challenge that ruling in this appeal. At the commencement of the sanity phase, appellant would not talk to his defense counsel and indicated he wished to speak to the court about testifying. The court explained that the burden of proof was on appellant to show insanity by a preponderance of the evidence ("more likely than not"), that it was up to appellant to decide whether to take the stand, and that if he did not take the stand the jury could consider evidence from the guilt phase to determine whether he was insane at the time of his crimes, assuming there was sufficient evidence of insanity for the case to go to the jury.

Other Questions


How have courts treated substitute counsel in a motion to substitute counsel? (California, United States of America)
In a civil case, how has the court treated the use of DNA evidence in criminal cases? (California, United States of America)
How have courts treated the issue of prosecutorial misconduct in a criminal case? (California, United States of America)
How have courts treated the issue of electronic surveillance in a juvenile court case? (California, United States of America)
How have courts treated the issue of ineffective counsel in sentencing cases? (California, United States of America)
How have courts treated the issue of improper instruction in a criminal case? (California, United States of America)
How have courts treated the issue of prosecutorial error in a criminal case? (California, United States of America)
How has the court dealt with a motion to substitute counsel for a defendant in a criminal case? (California, United States of America)
How has the court treated the issue of "inappropriate" instruction in a criminal case? (California, United States of America)
How have the courts treated comments made by counsel to the jury in defense counsel in cases involving misconduct allegations? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.