# People v. Marsden

> California Supreme Court · February 26, 1970 · 2 Cal. 3d 118

URL: https://www.frixlaw.com/law-library/cases/9548598

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. MICHAEL JOHN MARSDEN, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** February 26, 1970
- **Citations:** 2 Cal. 3d 118; 84 Cal. Rptr. 156; 465 P.2d 44; 1970 Cal. LEXIS 260
- **Precedential status:** Published
- **Opinion:** Dissent by McCOMB
- **Judges:** Mosk, McComb
- **Cited by:** 2,175 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9548598

## How later opinions describe it (automated extraction)

- holding that defendants represented by 25 appointed counsel may discharge their attorneys and substitute new counsel if their right 26 to counsel would be substantially impaired by continuing with the original attorney
- recognizing that a California criminal defendant may move to have his court-appointed attorney substituted for different counsel if the appointed attorney is rendering inadequate assistance
- holding that court may not deny defendant's motion for substitution of counsel without giving defendant a chance to state to the court the precise reasons for his motion
- holding that a trial judge must permit a criminal defendant requesting substitute counsel an opportunity to present argument and evidence in support of such request
- holding it was error for the trial court to deny a defendant’s motion to relieve his court-appointed attorney without holding a hearing to allow the defendant to explain its grounds

## Opinion text

McCOMB, J.
I dissent.
I would affirm the judgment for the reasons expressed by Mr. Justice Caldecott in the opinion prepared by him for the Court of Appeal, First District, Division Three (People v. Marsden, 1 Crim. 7601, filed October 10, 1969, certified for nonpublication).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548598. Public record. Not legal advice.