A Marsden motion gets its name from the case of People v. Marsden 2 Cal.3d 118 (1970). It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel. A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either (1) that appointed counsel is not providing adequate representation, or (2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Kansas Motion to have New Counsel Appointed Mars denen Motion is a legal procedure used in Kansas courts to request the appointment of new counsel for a defendant who is dissatisfied with their current attorney. This motion is based on the principles established by the landmark Mars den v. Superior Court case. The Mars den Motion in Kansas provides defendants with an opportunity to voice their concerns regarding their legal representation. If a defendant believes that their current attorney is ineffective, lacks proper communication, or there exists a conflict of interest, filing a Mars den Motion can be an appropriate course of action. There are several specific types of Mars den Motions that can be filed in Kansas, depending on the circumstances and issues at hand. Some examples include: 1. Ineffective Assistance of Counsel Mars den Motion: If a defendant believes that their attorney's level of representation is below the constitutional standard, they can file this motion. They must present specific instances where their attorney's actions or lack thereof have significantly prejudiced their case. 2. Communication Issues Mars den Motion: This type of motion is filed when there is a breakdown in communication between the defendant and their current counsel. For instance, if the attorney fails to respond or properly understand the defendant's instructions, resulting in a lack of effective communication and representation. 3. Conflict of Interest Mars den Motion: When a defendant believes that their attorney has a conflict of interest that compromises their ability to effectively represent them, they can file this motion. This conflict can arise when the attorney holds conflicting allegiances or has a personal or financial interest that may hinder their advocacy. 4. Prejudice or Bias Mars den Motion: This motion is used when the defendant believes their attorney is prejudiced or biased against them, their case, or their particular background. Such prejudice or bias can lead to an unfair trial or inadequate representation, necessitating the appointment of new counsel. 5. Breakdown of Trust Mars den Motion: If there is a significant breakdown of trust and confidence between a defendant and their attorney, this type of motion may be filed. This could be a result of misconduct, breach of attorney-client privilege, or any other factor that undermines the trust necessary for effective representation. It is important to note that filing a Kansas Motion to have New Counsel Appointed Mars denen Motion does not guarantee the automatic appointment of new counsel. The court will evaluate the merits of the motion based on the specific circumstances presented and consider factors such as the stage of the proceedings, impact on trial continuity, and the availability of alternate counsel. Defendants seeking to exercise their right to new counsel through a Mars den Motion in Kansas should consult with an experienced attorney to ensure their rights are protected and the motion is properly prepared and presented.
