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.
A Nevada Motion to have New Counsel Appointed, also known as a Mars den Motion, allows a defendant to request a new attorney due to dissatisfaction with their current counsel. This legal motion is named after the landmark case People v. Mars den (1970), which established the right of criminal defendants in California to seek a substitution of their appointed attorney. In Nevada, similar to California, defendants have the right to effective assistance of counsel, and if they believe their current attorney is not fulfilling this duty, they can file a Mars den Motion. It is important to note that the Mars den Motion is not a guaranteed right and is subject to the court's discretion, which will evaluate the merits and specific circumstances of the request. Some common reasons for filing a Mars den Motion in Nevada include: 1. Ineffective Assistance: If a defendant believes their current attorney is providing inadequate representation or not adequately preparing for their case, they may argue for a new attorney. 2. Lack of Communication: When communication between attorney and client breaks down, and the client feels their concerns and questions are not being addressed, a Mars den Motion can be filed. 3. Conflict of Interest: If a defendant believes their current attorney has a conflict of interest that hinders their ability to provide unbiased counsel, they may request a new attorney through a Mars den Motion. It is essential to understand that a Mars den Motion should not be filed frivolously but should be based on legitimate concerns regarding the attorney's performance or the attorney-client relationship. Defendants must provide specific reasons and evidence to support their request for new counsel. Given the variations in Nevada's legal system, it is worth noting that the specific requirements, procedures, and outcomes of a Mars den Motion may differ, and it is crucial to consult with a knowledgeable attorney who can navigate the intricacies of the Nevada legal system. In conclusion, a Nevada Motion to have New Counsel Appointed, also known as a Mars den Motion, allows defendants to request a substitution of their current attorney if they believe their rights to effective legal representation are compromised. This legal motion aims to ensure that defendants have confidence in their legal counsel and have a fair trial.
