People V. Marsden
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People V. Marsden
''People v. Marsden'' is a 1970 California Supreme Court decision that held it was error for the trial court to deny a defendant's motion to relieve his court-appointed counsel without holding a hearing to allow the defendant to explain his grounds. The trial court had denied the motion based on the trial judge's own observations of the proceedings and belief that the attorney was providing effective representation. Criminal defendants in the United States have the right to appointed counsel if they cannot afford to hire an attorney under the Sixth Amendment to the United States Constitution, Sixth Amendment as interpreted by the Supreme Court of the United States, United States Supreme Court case ''Gideon v. Wainwright''. As a result of the court's decision in ''Marsden'', criminal defendants in California courts can ask for ''Marsden'' hearings, where they are given an opportunity to ask for new court-appointed counsel. Such hearings are held in closed court; the district atto ...
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Mathew Tobriner
Mathew Oscar Tobriner (April 2, 1904 – April 7, 1982) was an American lawyer and law professor who served as an associate justice of the California Supreme Court from 1962 to 1982. Early life and education A native of San Francisco, Tobriner was educated at Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. He attended Stanford University, and in 1924 received his A.B. degree with ''Phi Beta Kappa'' honors, and the next year his M.A. In 1927, he graduated from Harvard Law School ''magna cum laude'' and Order of the Coif with a LL.B. In April 1928, he was admitted before the California Bar. He continued his graduate studies at the University of California, Berkeley, where he was awarded a Doctor of Juridical Science in 1932. Legal and judicial career After law school, Tobriner entered private practice and specialized in labor law. In 1928, he founded the firm of Tobriner, Lazarus, Brundage & Neyhart, in San ...
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