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A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden ...
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts.
Nonetheless, the Supreme Court has found notable examples of ineffectiveness. In Rompilla v. Beard, the Supreme Court faulted the defendant's lawyer for not reviewing a file that the attorney knew would be used by the prosecution in the sentencing phase of the trial. [17] In Glover v.
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes.
Uber attorney Theane Evangelis of Gibson, Dunn & Crutcher said the ride-hailing company is reviewing whether to appeal the decision to the U.S. Supreme Court. “The California Supreme Court’s ...
Unless represented by an attorney, persons on the list may not file any new litigation in California without first obtaining permission from the presiding judge of the court. Under California Code of Civil Procedure § 391.7(a), any vexatious litigant who disobeys the prefiling order may be punished for contempt of court.
Police officers cannot detain someone on the street just because that person acts furtively to avoid contact with them, the California Supreme Court ruled Thursday.