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 Wyoming Motion to have New Counsel Appointed, also known as a Mars den Motion, is a legal request made by a defendant in a criminal case to replace their appointed attorney with a new one. This motion is named after the landmark Supreme Court case, Mars den v. Superior Court. In Wyoming, defendants who feel that their current counsel is ineffective, incompetent, or failing to adequately represent them can file a Motion to have New Counsel Appointed. This motion is designed to ensure the right to effective assistance of counsel, as guaranteed by the Sixth Amendment of the United States Constitution. There are various types of Wyoming Motion to have New Counsel Appointed Mars denen Motion, depending on the specific circumstances of the case. These motions typically involve claims of attorney-client conflict, lack of communication, or irreconcilable differences that hinder the attorney-client relationship. Some common types of Mars den motions in Wyoming include: 1. Incompetence: If a defendant believes their current attorney lacks the necessary legal knowledge, experience, or skills to effectively represent them, they can file a Mars den motion based on incompetence. They may argue that their attorney's performance has been consistently subpar or that they have failed to explore viable legal defenses. 2. Conflict of Interest: Defendants can file a Mars den motion alleging a conflict of interest between themselves and their assigned counsel. This conflict may arise due to the attorney's previous or ongoing representation of a co-defendant, a witness against the defendant, or other conflicting parties. Such conflicts can compromise the attorney's ability to vigorously advocate for the defendant's best interests. 3. Breakdown in Communication: In cases where defendants feel that their attorney is not adequately communicating with them or failing to consider their input, they can file a Mars den motion based on a breakdown in communication. Lack of effective communication can erode trust and hinder the defendant's ability to participate meaningfully in their defense. 4. Loss of Confidence: A defendant may file a Mars den motion based on a loss of confidence in their appointed counsel. This loss of confidence may stem from a history of perceived mistakes, poor judgment, or a fundamental disagreement over legal strategy. Defendants have the right to have faith in their attorney's abilities, and a significant loss of confidence may necessitate a new counsel. It is crucial to note that filing a motion to have new counsel appointed is a serious step that requires strong justifications supported by compelling evidence. The court will carefully consider the motion, balancing the defendant's right to a fair trial with the interest in preserving the attorney-client relationship. Ultimately, the court will decide whether to grant the motion and appoint new counsel or deny it, depending on the circumstances presented.
