Alexander

Alexander v. Superior Court

Good Law
1994 Cal. App. LEXIS 130·22 Cal. App. 4th 901·27 Cal. Rptr. 2d 732·94 Daily Journal DAR 2077·94 Cal. Daily Op. Serv. 1223
Court of Appeal of CaliforniaFebruary 17, 1994B077808California6,543 words

Opinion

Opinion

Grignon, J.

case, seeks a writ of mandate ordering respondent superior court to appoint Attorney Madelynn Kopple, who acted as his court-appointed advisory counsel in the municipal court, to represent him in superior court proceedings.

The petition raises several issues concerning the appointment of trial counsel for indigent criminal defendants. The first issue is whether a superior court’s refusal to appoint the attorney who represented defendant in municipal court constitutes a refusal to appoint the attorney, or a removal of the attorney. Second, we must determine the standard to be applied by the superior court in deciding whether to appoint the attorney previously appointed by the municipal court. Finally, we must decide whether, under the particular facts and circumstances of this case, respondent court abused its discretion in refusing to appoint Attorney Kopple to represent defendant. We conclude there was no abuse of discretion in this case, and accordingly deny the petition.

Facts and Procedural Background

United States Secret Service Agent Julie Cross was killed on June 4,1980. On September 30, 1992, defendant was charged by felony complaint with her murder. The…

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