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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 Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity. The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law .
The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the ...
Iowa has one of the most aggressive court systems in the country when it comes to billing defendants for court-appointed attorneys, even in cases where they're acquitted or charges are dropped.
The right to court-appointed counsel only exists after charges are brought. Following arrest a suspect is entitled to one free visit from a duty lawyer who will provide legal advice, explain the law and procedures involved, and contact the suspect's family, but the suspect must pay for further assistance from the attorney.
Sixty-one years ago, the U.S. Supreme Court decided Gideon v. Wainwright , ruling unanimously that criminal defendants in state courts had the right to the assistance of counsel guaranteed by the ...
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
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