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A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient—for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional remedy is being sought ...
A Murgia motion is a common motion in California criminal law based on the California Supreme Court decision Murgia v. Municipal Court (1975) 15 Cal.3d 286. The motion requests that the defendant's criminal charges be dismissed upon a showing of selective prosecution for improper purposes, amounting to a violation of the right to equal protection of law.
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
In addition, a notice of appeal to the circuit court can be treated as a request for a COA." [ 4 ] Under Rule 22 of the Federal Rules of Appellate Procedure , "a certificate of appealability is not required when a state or its representative or the United States or its representative appeals."
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