Maniscalco v. Superior Court

In Maniscalco v. Superior Court (1991) 234 Cal. App. 3d 846, defendant's first trial was delayed by lead counsel's health problems. (See id. at p. 849.) That trial resulted in a deadlocked jury. (Ibid.) Retrial was also delayed by lead counsel's health problems. ( Id. at pp. 849-850.) When asked if co-counsel could handle the trial should lead counsel become incapacitated, each co-counsel responded in the negative. ( Id. at p. 850.) The court thereafter issued an order removing defendant's attorneys. (Ibid.) The decision was affirmed on appeal. (See id. at p. 851.) The appellate court observed that the right to counsel must be considered against other values of substantial importance, such as assurance of an orderly and speedy determination of criminal charges. ( Id. at pp. 851-852.) The appellate court concluded that the severe delays in the trials of both defendant and the trial of the codefendant, which was to trail defendant's trial, together with the likelihood of further delays, justified the court's order, notwithstanding defendant's preference in counsel. ( Id. at p. 852.)