''People v. Marsden'' is a 1970

California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...

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 as interpreted by the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...

case ''

Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to ...

''. 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 attorney and all spectators are asked to leave the courtroom. It is rare for such hearings to result in the replacement of court-appointed counsel; defendants do not have an absolute right to an appointed lawyer of their choice.

Notes

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References

People v. Marsden (1970) 465 P.2d 44, 2 Cal.3d 118
Supreme Court of California case law 1970 in United States case law 1970 in California United States criminal procedure case law