What are the implications of a defendant's note to the court alleging that his trial attorney has failed to introduce exculpatory material?

California, United States of America


The following excerpt is from People v. Padilla, 11 Cal.4th 891, 47 Cal.Rptr.2d 426, 906 P.2d 388 (Cal. 1995):

While defendant's note to the court vaguely charged his trial attorney with failing to introduce exculpatory material, it did not ask that counsel be removed or that new counsel be appointed; nor did it necessarily suggest that a fundamental breakdown had occurred in the attorney-client relationship. "[A] trial court's duty to permit a defendant to state his reasons for dissatisfaction with his attorney arises when the defendant in some manner moves to discharge his current counsel. [Fn. omitted.] The mere fact that there appears to be a difference of opinion between a defendant and his attorney over trial tactics does not place a court under a duty to hold a Marsden hearing. [p] There is no constitutional right to an attorney who would conduct the defense of the case in accord with the whims of an indigent defendant. [Citations.] Nor does a disagreement between defendant and appointed counsel concerning trial tactics necessarily compel the appointment of another attorney. [Citations.]" (People v. Lucky (1988) 45 Cal.3d 259, 281-282, 247 Cal.Rptr. 1, 753 P.2d 1052.)

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