Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:00-cr-00481-WYD

Document 1693

Filed 03/19/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Case No. 00-cr-00481-WYD UNITED STATES OF AMERICA, Plaintiff, v. ROBERT VERBICKAS, Defendant.

ORDER

THIS MATTER is before the Court on Defendant's pro se Request for Court Appointed Counsel for Writ of Coram Nobis. This motion is denied. "In most federal courts, it is the practice to appoint counsel in post-conviction proceedings only after a petition for post-conviction relief passes initial judicial evaluation and the court has determined that issues are presented calling for an evidentiary hearing." Johnson v. Avery, 393 U.S. 483, 487 (1969). In this case, Mr. Verbickas has not filed postconviction proceedings and the motion to appoint counsel is thus premature. I also note that the motion seeks to have counsel appointed to represent Defendant in connection with what appears to be newly discovered evidence. As noted in a previous Order denying a previous request by Mr. Verbickas for counsel, "Any motion for a new trial based on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty." FED. R. CRIM. P. 33(b)(1). In this case, the Verdict in this case was entered in 2003, more than three years ago. Thus, a motion for a new

Case 1:00-cr-00481-WYD

Document 1693

Filed 03/19/2008

Page 2 of 2

trial based on newly discovered evidence is not appropriate in this case, and the request to appoint counsel is moot as the case is terminated. Based on the foregoing, it is ORDERED that Defendant's pro se Request for Court Appointed Counsel for Writ of Coram Nobis (filed January 2, 2008) is DENIED. Dated: March 19, 2008 BY THE COURT:

s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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