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.
West Virginia Motion to have New Counsel Appointed Mars denen Motion is a legal procedure utilized by defendants in criminal cases to request a change of their court-appointed attorney. This motion is based on the Mars den standard, established by the United States Supreme Court in Mars den v. Commonwealth of California case. It ensures that the defendant has the right to effective assistance of counsel. In West Virginia, there are various types of motions related to changing court-appointed counsel. These include: 1. West Virginia Mars den Motion: A defendant files a Mars den motion to express their dissatisfaction with their current court-appointed attorney and request a new counsel to be appointed. The motion presents reasons such as a breakdown in communication, lack of trust, or a belief that the attorney's representation is inadequate. 2. West Virginia Ineffective Assistance of Counsel Motion: Under this motion, the defendant argues that their court-appointed attorney provided ineffective representation, violating their right to fair trial and effective assistance of counsel. The motion highlights specific instances where the attorney's actions or omissions impacted the defendant's case negatively. 3. West Virginia Conflict of Interest Motion: This motion is filed when the defendant believes that their court-appointed attorney may have a conflict of interest that could prejudice the defense. The motion substantiates such claims by demonstrating potential conflicts that could compromise the attorney's loyalty or compromise the defendant's interests. 4. West Virginia Substitution of Counsel Motion: A defendant may request a substitution of counsel when they feel that the current court-appointed attorney is not adequately addressing their legal needs or if the attorney-client relationship has deteriorated beyond repair. This motion seeks to replace the appointed attorney with a new one who the defendant believes will provide better representation. 5. West Virginia Mars den Hearing: After filing the Mars den motion, the court may hold a Mars den hearing to evaluate the validity of the defendant's claims. During the hearing, the defendant is given the opportunity to present their grievances and argue why they believe new counsel should be appointed. The court assesses the merits of the motion and makes a decision based on the evidence presented. It is essential to note that the availability and specific procedures related to these motions may vary in West Virginia. Defendants should consult with their legal counsel to understand the relevant regulations and requirements when considering filing a motion to have new counsel appointed.
