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 Mars den motion, also known as a Motion to have New Counsel Appointed, is a legal procedure that can be utilized in Alameda, California, when a defendant wishes to request the replacement of their current attorney with a new one. This motion is filed when there is a substantial breakdown of trust or a conflict of interest between the defendant and their legal representative. The Mars den motion is named after the landmark California Supreme Court case, People v. Mars den. In Alameda, California, a defendant may file a Mars den motion if they believe that their current counsel is not adequately representing their interests, is ineffective, or is engaging in behavior that undermines their case. This comprehensive motion allows the defendant to outline specific reasons for their dissatisfaction and request a new attorney to be appointed. Different types of Alameda California Motion to have New Counsel Appointed Mars denen Motion may include: 1. Emotional disconnect Mars den Motion: This type of motion is filed when the defendant feels that they have lost confidence in their current attorney due to a lack of emotional connection or empathy. They might assert that their attorney does not understand their emotional state or fails to provide adequate support. 2. Ineffectiveness Mars den Motion: When a defendant believes their lawyer is not performing at an acceptable level, they can file an ineffectiveness Mars den motion. In this motion, the defendant provides specific examples of their attorney's incompetence, such as missed deadlines, lack of preparation, or failure to conduct necessary investigations. 3. Conflict of interest Mars den Motion: If there is a conflict of interest between the defendant and their current attorney, a conflict of interest Mars den motion can be filed. This motion highlights any personal, professional, or ethical conflicts that may compromise the attorney's ability to effectively represent the defendant. 4. Breakdown in communication Mars den Motion: When there is a breakdown in communication between the defendant and their attorney, a breakdown in communication Mars den motion can be submitted. The defendant may claim that their attorney fails to communicate essential information, does not listen to their concerns, or does not keep them informed about the progress of the case. It should be noted that a Mars den motion is subject to review by the court, which will evaluate the defendant's concerns and determine whether appointing new counsel is justified. The court's decision will depend on the specific circumstances and evidence presented in the motion.
