Magana v. Superior Court

Magana was charged with two counts of rape. His trial counsel, Everett, sought a fifth continuance but failed to appear for the motion hearing. Everett then exercised a peremptory challenge against the assigned judge, resulting in its reassignment. Everett unsuccessfully sought to exercise a second peremptory challenge, then moved for recusal, asserting that the judge was biased. Everett voluntarily withdrew that motion. On the second day of trial, Everett moved to appoint an expert to testify that his client’s confession was involuntary. The judge ruled that Everett was not prepared to proceed and was not providing adequate representation and continued the trial. The court then granted the prosecution’s motion to remove Everett as counsel, finding that due to Everett’s conduct, the alleged victim, the prosecution, and Magana had been denied a speedy trial and that it had no faith that Everett would be prepared for trial on a timely basis. The court of appeal denied relief. Everett withdrew his first statement of disqualification; the court correctly found his second statement of disqualification untimely. A trial court has authority to remove defense counsel to ensure that adequate representation is provided, and to prevent substantial impairment of court proceedings. While such authority is to be sparingly exercised, the trial court did not abuse its discretion in this case. View "Magana v. Superior Court" on Justia Law