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PEOPLE v. McKENZIE

Docket No. Crim. 22615.

34 Cal.3d 616 (1983)

668 P.2d 769

194 Cal. Rptr. 462

THE PEOPLE, Plaintiff and Respondent, v. ELLIOT CORNACE McKENZIE, Defendant and Appellant.

Supreme Court of California.

September 8, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Neil Rosenbaum, Deputy State Public Defender, for Defendant and Appellant.

Jeff Brown, Public Defender (San Francisco), Peter G. Keane, Chief Attorney, Wilbur D. Littlefield, Public Defender (Los Angeles), and Ephriam Margolin as Amici Curiae on behalf of Defendant and Appellant. George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Clifford K. Thompson, Jr., and Ann K. Jensen, Deputy Attorneys General, for Plaintiff and Respondent.

Cecil Hicks, District Attorney (Orange), Michael R. Capizzi, Assistant District Attorney, and William W. Bedsworth, Deputy District Attorney, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

The sole issue on this appeal is whether reversal is appropriate after defense counsel expressly refuses to actively participate in his client's trial. Counsel here attempted to justify his action on the ground that certain trial rulings made it impossible for him to effectively represent his client. Although we are extremely reluctant to appear to reward such tactics, we nevertheless conclude that reversal is necessary...

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