How have the courts dealt with a motion without a hearing?
California, United States of America
The following excerpt is from People v. Martinez, E062974 (Cal. App. 2015):
effectively denied defendant's motion without a hearing because the trial court did not permit defendant, at the September 23 hearing, to explain the alleged conflict of interest. (See People v. Richardson (2009) 171 Cal.App.4th 479, 484 [a trial court must permit a defendant to relate specific instances of the attorney's problematic performance].) Thus, we assume the trial court erred.
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