What are the implications of a court's failure to conduct a Marsden inquiry into the reasons for defendant's dissatisfaction with counsel?

California, United States of America


The following excerpt is from People v. Clark, 10 Cal.Rptr.2d 554, 3 Cal.4th 41, 833 P.2d 561 (Cal. 1992):

The gist of defendant's motions on October 5 and October 12 was that he wished to represent himself, not to substitute counsel. "A request for self-representation does not trigger a duty to conduct a Marsden inquiry (supra, 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44] ) or to suggest substitution of counsel as an alternative." (People v. Crandell, supra, 46 Cal.3d 833, 854-855, 251 Cal.Rptr. 227, 760 P.2d 423.) The court did not commit Marsden error in failing to conduct a hearing on those dates into the reasons for defendant's dissatisfaction with counsel.

(ii) Defendant's Mental Competence to Waive Counsel

Other Questions


What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
How has the court disposed of a motion alleging that the trial court failed to conduct an inquiry into the grounds for appellant's dissatisfaction with appointed counsel? (California, United States of America)
Can a defendant object to an inquiry and later seek reversal for failure to conduct that inquiry? (California, United States of America)
Does a defense counsel's failure to object to the court's discussion of reasonable doubt constitute ineffective assistance of counsel? (California, United States of America)
Can a court's frustration and irritation at counsel's repeated efforts to violate evidentiary rules be viewed as "friction between court and counsel"? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.