Huffman

In this case we explore the problems of a public defender appointed to represent a defendant who lacks a viable defense, yet declines to plead guilty. We hold that under these circumstances, a public defender has fulfilled his responsibilities when he sees to it that the defendant’s statutory and constitutional rights have been protected and that, when convicted, he is convicted by legally competent evidence. We further hold that under these circumstances, a public defender has no duty to make his client happy by the interposing of useless motions or objections or the presentation of a facade, frivolous or charade defense. Given the posture of this case, we reject a claim of inadequacy of counsel by a public defender who (1) did not voir dire the jury, (2) made no objection to any evidence during the presentation of the prosecution’s case, (3) made no opening statement, (4) cross-examined no prosecution witnesses, (5) presented no evidence on behalf of the defendant, and (6) waived argument to the jury.

Additionally, we reject a charge that the trial judge was guilty of Marsden [People v. Marsden, 2 Cal.3d 118 ( 84 Cal.Rptr. 156 , 465 P.2d 44 )] error when he listened to…