California Court of Appeal

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Magana v. The Superior Court of San Mateo County, 153981

Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance.

Appellate Information

  • Decided
  • Published 2018/04/27

Judges

  • SCHULMAN

Court

  • California Court of Appeal

Counsel