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SMITH v. SUPERIOR COURT

Docket No. L.A. 29560.

68 Cal.2d 547 (1968)

440 P.2d 65

68 Cal. Rptr. 1

JIMMY LEE SMITH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Supreme Court of California. In Bank.

May 1, 1968.

Attorney(s) appearing for the Case

Irving A. Kanarek for Petitioner.

John D. Maharg, County Counsel, and William F. Stewart, Deputy County Counsel, for Respondent.

No appearance for Real Parties in Interest.

MOSK, J.

Defendant Jimmy Lee Smith petitions for a writ of mandate to compel the Los Angeles Superior Court to vacate its order removing I.A. Kanarek as his attorney of record in a pending murder trial.

[1] We adjudicate here the unprecedented issue of whether a trial judge has or should have the power to remove a court-appointed defense attorney, over the objections of both the attorney and the defendant, on the ground of the judge's subjective...

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