Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:06-cr-00006-GMS

Document 10

Filed 03/16/2006

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FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, v. RASHAN J. BAUL, Defendant.

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Cr.A. No. 06-06-KAJ

MOTION TO WITHDRAW AS COUNSEL COMES NOW the undersigned attorney of record, Joe Hurley, who

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moves to withdraw as counsel of reccrd in this matter, and in support of such application represents: 1. The defendant has been notified regarding the pendency

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of this Motion. [See Exhibit "A" attached hereto.] 2. This Motion has been delayed because the? defendant had

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indicated he was going to retain the services of Eugene Maurer, Jr. to represent him and counsel expected a Stipulation to be submitted for his signature in that regard.

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3.

During the latter part of 2005 and the early part of

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2006, counsel experienced medic21 difficulties and which included a hospital admission and numerous diagcostic tests. The net effect of

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this situation was to create a congestion factor in counsel's schedule. Additionally, the Superior Court of New Castle County, where counsel has his greatest caseload, has made a rather substantial change in its

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scheduling policies as of the first of the year.

As a result of the

Case 1:06-cr-00006-GMS

Document 10

Filed 03/16/2006

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convergence of these circumstances, counsel has not been accepting representation in the Federal District Court in 2006.

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When the defendant originally retained counsel, it was At that time, it was

with regard to matters in the Superior Court.

anticipated that the charges currently before this Court were going to be prosecuted on a State level. Since counsel had already assumed

representation in this matter, on a State level, it was assumed that the representation could be conscientiously offered on a Federal level. That has not turned out to be the case and, most recently, because of a significant scheduling issue, before this Court, counsel has indicated to another Judge of this Court that he cannot go forward with a sua sponte Court rescheduling.

5.

The defendant was notified of this situation weeks ago.

WHEREFORE, the undersigned attorney of record moves to withdraw as counsel in this matter.

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Dated:

March 16, 2006

Case 1:06-cr-00006-GMS

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Filed 03/16/2006

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JOE

HURLEY
LAW

ATTORNEY AT

1 1 KING STREET 25

WILMINCTON.DELAWARE 1 8 1 90
(302) 658-8980

MEMBER DEL.AND FIA. BARS

March 16, 2006

Mr. Rashan J. Baul 1208 Valley Stream Drive Newark, DE 19702 Dear Mr. Baul: Please find enclosed a Motion that I have presented. The contents of the Motion are obvious and, in light of the letter that I sent to you several weeks ago, not unexpected. You have the right to seek to be heard, by the Court, if you so choose. I expect that the Court wi.~.~?schedule a meeting. In the meantime, since you were going to...: ret,ain Gene Maurer, I suggest you go ahead with whatever y o u a r e going to do in that regard.
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Sip'yerely
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JAH: jr Enclosure

EXHIBIT "A"

Case 1:06-cr-00006-GMS

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Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA,
v.

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Cr.A. No. 06-06-KAJ

RASBAN J. BAUL, Defendant.

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O R D E R

The Motion to Withdraw as Counsel having been heard and considered: ORDERED this day of

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, 2006, A.D.,!
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that Joe Hurley is permitted leave of the Court to withdraw as counsel in this matter.

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Case 1:06-cr-00006-GMS

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Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA,

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Cr.A. No. 06-06-KAJ

RASHAN J. BAUL, Defendant.

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CERTIFICATE OF SERVICE

I hereby certify that two copies of the foregoing Motion to

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Withdraw as Counsel were served upon the following person on March 16,

Douglas E. McCann U.S. Attorney's Office Suite 700 1007 Orange Street Wilmington, DE 19801

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Joe Hurley 1 2 1 ~ 'in^ Street

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Dated:

March 16, 2006