How have courts dealt with a defendant's claim of cumulative effect on a motion to appoint a substitute counsel?

California, United States of America


The following excerpt is from People v. Croutch, B237227 (Cal. App. 2013):

To demonstrate his contention the trial court erred, defendant points to events that occurred subsequent to the challenged rulings. He cites his distrust in his attorney, whose advice he repeatedly disregarded by insisting on testifying, refusing to wear civilian clothes, and turning down an advantageous plea deal negotiated by his counsel. "Defendant may not attempt to make up for what was lacking in his [Marsden] motion by relying on matters subsequent to its denial. A reviewing court 'focuses on the ruling itself and the record on which it was made. It does not look to subsequent matters . . . .' [Citation.]" (People v. Berryman (1993) 6 Cal.4th 1048, 1070, overruled on other grounds in People v. Hill (1998) 17 Cal.4th 800, 823.)

Finally, defendant has not suggested that his refusal to cooperate was the result of any ineffectiveness on the part of defense counsel, or even that defense counsel did not represent him adequately. "If a defendant's claimed lack of trust in, or inability to get along with, an appointed attorney were sufficient to compel appointment of substitute counsel, defendants effectively would have a veto power over any appointment, and by a process of elimination could obtain appointment of their preferred attorneys, which is certainly not the law. [Citations.]" (People v. Jones (2003) 29 Cal.4th 1229, 1246.)

Defendant contends that the cumulative effect of all the errors heretofore discussed was to deny him a fair trial. Because "[w]e have either rejected on the merits defendant's claims of error or have found any assumed errors to be nonprejudicial," we must reject defendant's claim of prejudicial cumulative effect. (People v. Sapp (2003) 31 Cal.4th 240, 316.)

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