California v. JacksonAnnotate this Case
“The trial judge in this case exercised uncommon common sense” in this case: appellant Michael James Jackson was faced with having to choose between revealing damaging information to the judge about to hear his bench trial, or giving up his chance at a new attorney. Appellant was convicted of multiple counts of sexual misconduct arising from his work as a massage therapist. His sole claim on appeal was that the trial judge erred in transferring his motion for a new attorney (a “Marsden” motion) to another judge for adjudication. Although Marsden motions generally should be heard by the judge who was assigned to a defendant’s case, the transfer here was justified because at the time appellant made his motion, he was facing a bench trial in front of the very judge to whom he would have addressed his complaints. The Court of Appeal affirmed the judgment.