Can a motion for a substitute attorney be made during a pre-trial hearing?

California, United States of America


The following excerpt is from People v. Ramirez, E057173 (Cal. App. 2014):

During the July 25, 2012 hearing, defendant's attorney requested a trial continuance. In response, defendant complained that a courtroom had not been available on June 12 to hold a Marsden hearing and that he was annoyed with his attorney and the trial delays. Defendant, however, did not make an unequivocal request for a new attorney or request a Marsden hearing. (People v. Dickey (2005) 35 Cal.4th 884, 920.) "'"Although no formal motion is necessary, there must be 'at least some clear indication by defendant that he wants a substitute attorney."' [Citations.]" (Ibid.)

Page 30

Other Questions


Can a defendant substitute another attorney for a substitute attorney? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is a motion denying a motion to disqualify an opposing attorney's attorney appealable? (California, United States of America)
Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
Does the absence of an attorney from a State Bar hearing constitute an obligation of the accused attorney to attend the hearing? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the test for substituting a defendant in a motion for substitution? (California, United States of America)
Is a defendant required to make a pretrial motion to prevent a motion of objection to the composition of the grand jury that returned the indictment against him being heard before trial or on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.