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.
Michigan Motion to have New Counsel Appointed Mars denen Motion is a legal procedure that allows a defendant in a criminal case to request a change in their legal representation. This motion is based on the defendant's belief that their current attorney is ineffective, incompetent, or is not representing their best interests adequately. By filing a Mars den Motion, the defendant seeks to have a new counsel appointed to handle their case. In Michigan, there are various types of Mars den Motions that can be filed depending on the specific circumstances and reasons for dissatisfaction with current counsel. Some different types include: 1. Mars den Motion based on ineffective assistance of counsel: This motion is filed when the defendant believes that their current attorney's performance has been subpar and has negatively impacted their defense in the case. The defendant must provide evidence or examples of the attorney's incompetency or lack of adequate representation. 2. Mars den Motion based on conflict of interest: This motion is filed when the defendant discovers that their current attorney has a conflict of interest that may impair their ability to represent the defendant effectively. For example, if the defense attorney has a personal or professional relationship with a key witness or the prosecutor, it may compromise the defendant's rights. 3. Mars den Motion based on breakdown of attorney-client relationship: This motion is filed when there is a significant breakdown in communication, trust, or cooperation between the defendant and their current attorney. If the attorney-client relationship has deteriorated to a point where it hinders the defense strategy or the defendant's ability to participate effectively in their own defense, a Mars den Motion can be filed. 4. Mars den Motion based on lack of confidence or lack of faith in current counsel: Sometimes, a defendant may simply lose confidence in their current attorney's ability to represent them effectively, even if there are no specific instances of incompetency or conflict of interest. In such cases, a Mars den Motion can still be filed, highlighting the defendant's lack of faith in their current counsel and the potential negative impact on their case. It is essential to note that filing a Mars den Motion does not guarantee a change in counsel. The court will consider the defendant's arguments and evidence before deciding whether to appoint new counsel. The motion must be presented with valid and compelling reasons to convince the court of the need for a change in representation.Michigan Motion to have New Counsel Appointed Mars denen Motion is a legal procedure that allows a defendant in a criminal case to request a change in their legal representation. This motion is based on the defendant's belief that their current attorney is ineffective, incompetent, or is not representing their best interests adequately. By filing a Mars den Motion, the defendant seeks to have a new counsel appointed to handle their case. In Michigan, there are various types of Mars den Motions that can be filed depending on the specific circumstances and reasons for dissatisfaction with current counsel. Some different types include: 1. Mars den Motion based on ineffective assistance of counsel: This motion is filed when the defendant believes that their current attorney's performance has been subpar and has negatively impacted their defense in the case. The defendant must provide evidence or examples of the attorney's incompetency or lack of adequate representation. 2. Mars den Motion based on conflict of interest: This motion is filed when the defendant discovers that their current attorney has a conflict of interest that may impair their ability to represent the defendant effectively. For example, if the defense attorney has a personal or professional relationship with a key witness or the prosecutor, it may compromise the defendant's rights. 3. Mars den Motion based on breakdown of attorney-client relationship: This motion is filed when there is a significant breakdown in communication, trust, or cooperation between the defendant and their current attorney. If the attorney-client relationship has deteriorated to a point where it hinders the defense strategy or the defendant's ability to participate effectively in their own defense, a Mars den Motion can be filed. 4. Mars den Motion based on lack of confidence or lack of faith in current counsel: Sometimes, a defendant may simply lose confidence in their current attorney's ability to represent them effectively, even if there are no specific instances of incompetency or conflict of interest. In such cases, a Mars den Motion can still be filed, highlighting the defendant's lack of faith in their current counsel and the potential negative impact on their case. It is essential to note that filing a Mars den Motion does not guarantee a change in counsel. The court will consider the defendant's arguments and evidence before deciding whether to appoint new counsel. The motion must be presented with valid and compelling reasons to convince the court of the need for a change in representation.
