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.
The Ohio Motion to have New Counsel Appointed, commonly referred to as a Mars den Motion, is a legal procedure that allows a defendant to request the appointment of new counsel if they believe their current attorney is ineffective or inadequate in representing their interests. This motion derives its name from the landmark case of Mars den v. Municipal Court (1970), where the California Supreme Court established the right of a defendant to replace their court-appointed attorney. In Ohio, defendants are afforded a constitutional right to competent legal representation, and the Mars den Motion provides a mechanism for guaranteeing that right. This motion can be filed at any stage of the criminal proceedings and provides an opportunity for the defendant to express their concerns regarding their legal representation. The Mars den Motion in Ohio allows defendants to bring attention to issues such as attorney-client communication problems, lack of preparation, conflicts of interest, or any other circumstances that may jeopardize their fair trial rights. The motion presents an essential safeguard in ensuring defendants receive effective assistance of counsel, as enshrined in the Sixth Amendment of the U.S. Constitution. There are different types of Mars den Motions that can be filed in Ohio, each addressing specific concerns or circumstances: 1. Motion to have New Counsel Appointed — Incompetent Representation: This motion is filed when a defendant believes their attorney lacks the necessary skills, knowledge, or experience to adequately represent them. 2. Motion to have New Counsel Appointed — Conflict of Interest: This motion arises when a defendant suspects that their attorney has a conflict of interest, such as a personal or professional relationship with the prosecution or any other party involved in the case. 3. Motion to have New Counsel Appointed — Breakdown in Communication: If a defendant experiences difficulties in effectively communicating with their attorney, such as language barriers, misunderstandings, or lack of responsiveness, this motion can be filed to address those concerns. 4. Motion to have New Counsel Appointed — Lack of Preparation: This motion is appropriate when a defendant feels their attorney has not sufficiently prepared their case, resulting in potential harm to their defense strategy or overall trial outcome. It is important to note that the granting of a Mars den Motion in Ohio is subject to the discretion of the presiding judge. The judge will consider both the defendant's arguments and the attorney's response before making a decision regarding the appointment of new counsel. The primary goal is to ensure the defendant's right to a fair trial and competent representation is upheld throughout the legal process.The Ohio Motion to have New Counsel Appointed, commonly referred to as a Mars den Motion, is a legal procedure that allows a defendant to request the appointment of new counsel if they believe their current attorney is ineffective or inadequate in representing their interests. This motion derives its name from the landmark case of Mars den v. Municipal Court (1970), where the California Supreme Court established the right of a defendant to replace their court-appointed attorney. In Ohio, defendants are afforded a constitutional right to competent legal representation, and the Mars den Motion provides a mechanism for guaranteeing that right. This motion can be filed at any stage of the criminal proceedings and provides an opportunity for the defendant to express their concerns regarding their legal representation. The Mars den Motion in Ohio allows defendants to bring attention to issues such as attorney-client communication problems, lack of preparation, conflicts of interest, or any other circumstances that may jeopardize their fair trial rights. The motion presents an essential safeguard in ensuring defendants receive effective assistance of counsel, as enshrined in the Sixth Amendment of the U.S. Constitution. There are different types of Mars den Motions that can be filed in Ohio, each addressing specific concerns or circumstances: 1. Motion to have New Counsel Appointed — Incompetent Representation: This motion is filed when a defendant believes their attorney lacks the necessary skills, knowledge, or experience to adequately represent them. 2. Motion to have New Counsel Appointed — Conflict of Interest: This motion arises when a defendant suspects that their attorney has a conflict of interest, such as a personal or professional relationship with the prosecution or any other party involved in the case. 3. Motion to have New Counsel Appointed — Breakdown in Communication: If a defendant experiences difficulties in effectively communicating with their attorney, such as language barriers, misunderstandings, or lack of responsiveness, this motion can be filed to address those concerns. 4. Motion to have New Counsel Appointed — Lack of Preparation: This motion is appropriate when a defendant feels their attorney has not sufficiently prepared their case, resulting in potential harm to their defense strategy or overall trial outcome. It is important to note that the granting of a Mars den Motion in Ohio is subject to the discretion of the presiding judge. The judge will consider both the defendant's arguments and the attorney's response before making a decision regarding the appointment of new counsel. The primary goal is to ensure the defendant's right to a fair trial and competent representation is upheld throughout the legal process.
