Is a defendant entitled to discharge his attorney?
California, United States of America
The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):
Defendant contends that, even though he failed to explicitly ask the court to discharge his attorney, the trial court "plainly understood [defendant's] comment as a request to discharge his attorney," as indicated by its statement that counsel would not be relieved. He relies on People v. Lara (2001) 86 Cal.App.4th 139, 103 Cal.Rptr.2d 201 (Lara ), in support of his argument.
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