California Supreme Court

The People, Plaintiff and Respondent v. Daniel Loreto Noriega, Defendant and Appellant

April 5, 201048 Cal. 4th 517

Summary

The court held that replacing defendant's appointed public defender with another appointed attorney did not violate either the federal or California constitutional right to counsel. Although the replacement was an abuse of discretion under state statutory law because the trial court failed to adequately advise defendant about the potential conflict and available alternatives, reversal required a showing of prejudice, which defendant did not make. The court therefore reversed the Court of Appeal's judgment and remanded for further proceedings. Justice Werdegar, dissenting, would have held that the removal violated defendant's state constitutional right to maintain his established attorney-client relationship.