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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.
Cumis innovated beyond existing precedent as of 1984 by holding that the insurer was required to pay for the insured's independent counsel, and that a merely theoretical conflict of interest could be ripened by the insurer's act of sending a reservation of rights letter into an actual conflict of interest, which in turn meant that the insured ...
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
COD leader Martha Garcia said the college agreed to a waiver, and the decision now rests with the law firm. The firm says the COD board has not decided. Palm Springs, COD still in limbo over ...
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]
Allegations that Fulton County District Attorney Fani Willis had an improper relationship with Nathan Wade — the man she picked to lead the prosecution of former President Donald Trump on ...
Civil law countries still have significant disqualification privileges, whereas common law countries, such as England, went in a different direction where recusal was required less often. [1] This included the United States, which inherited a system where only judges with a direct financial interest in a case had to recuse themselves.
Charlie Adelson, the wealthy Fort Lauderdale periodontist who financed and planned the 2014 hit on his former brother-in-law, Dan Markel, was sentenced to life in prison for the heinous murder.