Legal Opinion

People v. Smith

California Supreme Court

Decided December 16, 1993No. S029820PublishedCited by 111 opinions

1Opinion of the Court

*687Opinion

ARABIAN, J.

A defendant pleads guilty to felony charges pursuant to a plea bargain. Prior to sentencing, he seeks to withdraw the plea, and claims his court-appointed attorney provided ineffective assistance. Under what circumstances must the trial court substitute new counsel in place of the first attorney for future representation, including investigating and, if appropriate, presenting a claim that the first attorney was ineffective?

I. Facts

Defendant was charged by information with murder and other offenses. The information also alleged that defendant used a firearm in the commission…

2Cases cited20 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. People v. MarsdenCalifornia Supreme Court · 1970
  4. People v. FosselmanCalifornia Supreme Court · 1983
  5. People v. HardyCalifornia Supreme Court · 1992

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

3Cited by111 opinions

  1. People v. BolinCalifornia Supreme Court · 1998
  2. People v. ClarkCalifornia Supreme Court · 2011
  3. People v. BarnettCalifornia Court of Appeal · 1998
  4. People v. FreemanCalifornia Supreme Court · 1994
  5. People v. MemroCalifornia Supreme Court · 1995

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

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