Legal Opinion

People v. Shelley

California Court of Appeal

Decided May 29, 1984No. Crim. 43851PublishedCited by 9 opinions

1Opinion of the Court

Opinion

McCLOSKY, J.

The sole question presented in this appeal is whether the trial court’s failure to provide for the effective representation of appellant Harold Lee Shelley when his public defender expressly refused to participate in his client’s trial requires reversal of appellant’s convictions for kidnaping (Pen. Code, § 207; count I) and assault with intent to commit rape (Pen. Code, § 220; count II). This inquiry must be answered in the affirmative.

Facts

On July 14, 1982, during the course of the trial, appellant’s trial counsel read the following statement into the record:

“ ‘In view of…

2Cases cited26 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. McMann v. RichardsonSupreme Court of the United States · 1970

21 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re JonesCalifornia Supreme Court · 1996
  2. People v. LucevCalifornia Court of Appeal · 1986
  3. State v. FrielSupreme Judicial Court of Maine · 1985
  4. People v. EscarcegaCalifornia Court of Appeal · 1986
  5. People v. SnowCalifornia Supreme Court · 2003

4 more not listed; retrieve them via the Exa API.

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