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 Tennessee Motion to have New Counsel Appointed, commonly referred to as a Mars den Motion, is a legal request made by a defendant in a criminal case to replace their current court-appointed attorney with a new one. This motion is based on the defendant's belief that their current counsel is ineffective or is not adequately representing their interests. In Tennessee, there are various types of Mars den Motions that can be filed depending on specific circumstances and reasons for requesting new counsel. Below are some common types of Tennessee Motions to have New Counsel Appointed: 1. Mars den Motion based on ineffective assistance of counsel: This motion is filed when the defendant believes that their current attorney is providing inadequate representation, failing to communicate effectively, or making significant legal errors. 2. Mars den Motion based on conflict of interest: If the defendant believes that their attorney has a conflict of interest that hinders them from receiving a fair trial, they can file a motion requesting new counsel. Common conflicts of interest include an attorney previously representing another party involved in the case or a personal relationship with someone connected to the case. 3. Mars den Motion based on breakdown in attorney-client relationship: When the relationship between the defendant and their counsel has eroded to the point where effective communication and trust are compromised, a motion can be filed to have new counsel appointed. 4. Mars den Motion based on lack of specialized expertise: In cases where specialized expertise is required, such as complex white-collar crimes or highly technical cases, a defendant may request new counsel if they believe their current attorney lacks the necessary knowledge or experience. 5. Mars den Motion based on personal reasons: Sometimes, defendants may seek new counsel due to personal reasons, such as a breakdown in communication, lack of confidence, or personality clashes. While such motions may be less commonly granted, they can still be filed. It is essential to note that the granting of Tennessee Motions to have New Counsel Appointed depends on various factors, including the judge's discretion, the merit of the defendant's claims, and the overall circumstances of the case. Defendants must provide valid reasons and evidence supporting their motion to increase the likelihood of success.
