What is the test for replacing a defense counsel with a Marsden?

California, United States of America


The following excerpt is from People v. Ruffin, F069406 (Cal. App. 2017):

In conducting a Marsden hearing, the trial court must ascertain the nature of the defendant's allegations and decide whether the allegations have sufficient substance to warrant replacement of defense counsel. The trial court must give the defendant an appropriate opportunity to set forth the complaints regarding counsel's representation and allow counsel to respond. (People v. Alfaro (2007) 41 Cal.4th 1277, 1320.)

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