Carter

Opinion of the Court by Liu, J.

In 2007, defendant Ishmael Michael Carter was committed to Coalinga State Hospital pending trial on a petition to commit him as a sexually violent predator (SVP) under Welfare and Institutions Code section 6600 et seq., the Sexually Violent Predator Act (SVP Act). After awaiting trial for over 12 years, Carter sought to enforce his due process right to a timely trial by filing a motion to dismiss the petition. In addition, Carter filed a motion under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) to replace the Yolo County Public Defender’s Office and his deputy public defender as his counsel because he believed the office would be disqualified from litigating the motion to dismiss on his behalf. Following a hearing, the trial court denied Carter’s Marsden motion, declined to rule on the motion to dismiss, and conducted a trial resulting in Carter’s indeterminate commitment as an SVP. The Court of Appeal affirmed. Carter contends the trial court’s Marsden inquiry was insufficient and requires full reversal of the judgment or, in the alternative, conditional reversal pending reconsideration of his Marsden motion and potential litigation of his…