Can appointed counsel request a Marsden hearing against the will of a client? Can appointed counsel who has requested a Marsden hearing against the will of a client continue to exercise professional discretion, authority, and control on behalf of that client in proceedings leading up to, and associated with that hearing? Can appointed counsel collude with the Court, or consult to formulate an opposing strategy against a defendant in preparation for that hearing? Can the Court force a defendant to participate in an unwanted Marsden hearing when the Defendant is sick or ill prepared? Once a Marsden hearing has begun, is the Defendant entitled to an opportunity to have all of his arguments considered and heard?
If you are unhappy with you lawyer, the lawyer can be discharged at any time and you can substitute a different lawyer.
Your attorney works for you. If you don't want that attorney to work for you, fire the attorney and get a new one. Yes the Defendant is entitled to be heard. Whether they get to all of their arguments or not depends on the arguments and the order presented.
If you had a court-appointed lawyer at trial, you will be provided a court-appointed lawyer for your appeal. You should ask that lawyer these questions. The answers to your questions will depend on the facts of the case.
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