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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 ...
Beard, the Supreme Court faulted the defendant's lawyer for not reviewing a file that the attorney knew would be used by the prosecution in the sentencing phase of the trial. [17] In Glover v. United States, a lawyer was held to be ineffective when he failed to object to the judge's miscalculation of the defendant's sentence. [18] In Hinton v.
The Hays County district judges will have the authority to appoint a replacement for the vacancy. As part of Anderson's removal proceeding, Hernandez, the deputy clerk, was expected to fill the ...
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Hays County prosecutors working on the case and Brown’s attorney reached a plea deal that resulted in the initial 180-day sentence. The Salyers hadn’t agreed with the charges of negligent ...
He argued that the court's refusal to grant him an attorney was in direct violation to the Supreme Court's decision from Powell v. Alabama. [11] The Supreme Court, by a 6–3 decision, supported Betts's conviction. [12] Associate Justice Owen Roberts, the writer of the Supreme Court's opinion on this case, stated that the precedent set from ...
A court in Fayette County, Pennsylvania, south of Pittsburgh, ordered an elections precinct judge to turn over all ballots and other election material once polls close at 8 p.m. after he told the ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.