Is a defendant's lack of trust in his attorney sufficient to compel the trial court to replace him?

California, United States of America


The following excerpt is from People v. Abilez, 161 P.3d 58, 41 Cal.4th 472, 61 Cal.Rptr.3d 526 (Cal. 2007):

Defendant's mere allegation that he did not trust his defense attorney, without more, was insufficient to compel the trial court to replace him. "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." (People v. Jones, supra, 29 Cal.4th at p. 1246, 131 Cal.Rptr.2d 468, 64 P.3d 762.)

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