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 process that allows a defendant in a criminal case to request the appointment of a new attorney. In the context of Chicago, Illinois, there are several types of Mars den motions that can be filed. 1. Mars den Motion for Ineffective Assistance of Counsel: This type of motion is filed when a defendant believes that their current attorney is not providing competent representation or is providing ineffective assistance. The defendant must present valid reasons and evidence to support their claim and argue that their constitutional rights to effective counsel are being violated. 2. Mars den Motion for Conflict of Interest: This motion is filed when there is a conflict of interest between the defendant and their attorney. It may arise if the attorney previously represented a witness or co-defendant in the same case, resulting in a potential conflict that could affect the defendant's right to a fair trial. In such cases, the defendant can request a new attorney free from any conflicts. 3. Mars den Motion for Lack of Communication: When an attorney fails to adequately communicate with their client, it can hinder the defendant's ability to participate in their defense effectively. If a defendant feels that their attorney is not keeping them informed, not considering their input, or not answering their questions, they can file a Mars den motion based on a lack of communication. 4. Mars den Motion for Personal Conflict or Breakdown of Trust: In some cases, a defendant may develop personal conflicts or lose trust in their attorney, impacting their ability to maintain a collaborative attorney-client relationship. This motion can be filed when the defendant feels there has been a breakdown in trust or when continuing with the current attorney would be detrimental to their case. 5. Mars den Motion for Health Related Issues: If a defendant experiences health-related issues that hinder their ability to effectively cooperate with their attorney, they may file a Mars den motion. Examples include mental health problems, cognitive impairments, or physical disabilities that prevent the defendant from participating fully in their defense. 6. Mars den Motion for Prejudice or Discrimination: In rare cases, a defendant may assert that their attorney holds personal prejudices or discriminatory beliefs that could jeopardize the fair representation of the defendant. This motion aims to replace an attorney who the defendant believes may harbor prejudice that affects their defense. When filing any Mars den motion in Chicago, Illinois, it is crucial for the defendant to present substantial evidence supporting their claim and explain why the appointment of new counsel is essential for their case. The court will review the motion, consider its merits, and make a decision on whether to appoint new counsel or continue with the current attorney.
