State v. Holm
Annotate this CaseDefendant's vehicle hit Brian Beaver from behind, and Beaver died from severe blunt force trauma to his head. Defendant was assigned a public defender for his criminal case. Eight days before his trial, Defendant provided the district court with a pro se motion for appointment of different counsel, claiming that appointed counsel's representation was deficient. Defendant also filed a request for a continuance so that he could retain private counsel. The court denied Defendant's request for substitution of counsel, determining that counsel was providing adequate representation. The court also denied Defendant's motion to continue, determining that Defendant had lacked diligence in seeking private counsel. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion by finding that Defendant's counsel was providing effective assistance of counsel; and (2) did not abuse its discretion in determining that Defendant had not made a good faith, diligent effort to retain substitute counsel.
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