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

Case 1:01-cr-00214-WYD

Document 3448

Filed 04/18/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No: 01-cr-214-WYD UNITED STATES OF AMERICA, Plaintiff, v. (7) ZEBEDEE HALL Defendant. ____________________________________________________________ MOTION TO WITHDRAW AS APPOINTED COUNSEL ____________________________________________________________ Pursuant to order of the Court dated April 5, 2007 (Docket 3443) and upon the request of pro se Defendant Zebedee Hall by letter to and concurrence by former counsel Stephen M. Wheeler, counsel files this formal motion to withdraw as Criminal Justice Act appointed counsel for Defendant and in support states: 1. Counsel was appointed to represent Defendant in various post-

conviction motions and sentencing on or about March 12, 2004. Defendant was sentenced on April 14, 2005. Thereafter Defendant appealed his conviction in the Tenth Circuit Court of Appeals, being case number 05-1251 with a cross appeal by the United States Government. 2. The Court correctly notes that counsel has not filed a formal motion to

withdraw from representation in the United States District Court. That is because the issues leading to withdrawal did not fully arise until the matter was transferred

Case 1:01-cr-00214-WYD

Document 3448

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to the Court of Appeals. Normally CJA District Court representation terminates upon the Court forwarding the designated record to the Court of Appeals. 3. Thereafter, upon being advised that the issues to be raised on appeal

were the responsibility of counsel, Defendant began filing repeated accusations and
pro se filings and letters to both the District Court (Docket 3349 and response 3354)and the Court of Appeals alleging inadequate representation, along with some very unique motions since the appeal was decided. 4. The Court of appeals recognized that matters had progressed to a irreconcilable conflict of representation requiring a motion to withdraw as counsel. (See in general, United States v. Rhodes, 2005 WL 3293941 (10th Cir, Okla., December 6, 2005)), and granted counsel's motion to withdraw from representation on May 5, 2006, noting that Defendant was then proceeding in pro se on the appeal. The decision and mandate of February 14, 2007 also notes that Defendant is pro se in the case. 5. Defendant filed a grievance with the Colorado Supreme Court against

counsel, which while dismissed further emphasized Defendant's mistrust of counsel.

6.

Because of Defendant's actions counsel has an irreconcilable conflict

of representation of Defendant in any court. Further, it is clear from Defendant's recent filings that he desires to and does represent himself in these proceedings and has specifically asked former counsel to so advise the Court. WHEREFORE counsel asks the Court to terminate his appointment to represent Defendant.

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Document 3448

Filed 04/18/2007

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S/ Stephen M Wheeler WHEELER LAW OFFICES PC Stephen M. Wheeler, Esq. Attorney for Defendant-Appellant 30244 Upper Bear Creek Road Evergreen, Colorado 80439 303-670-8720 (Fax) 866-470-6128 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on April 19, 2007, the required number of copies of the foregoing Defendant-Appellant's Motion To Withdraw were electronically filed with copies to be automatically sent to registered counsel and by first class mail to the Defendant: JAMES C. MURPHY, ESQ. ASSISTANT US ATTORNEY 1225 17TH STREET, 7TH FLOOR DENVER, CO 80202 ZEBEDEEE E. HALL 30428-013 FEDERAL CORRECTIONAL INSTITUTION PO BOX 6000 FLORENCE, CO 81226-6000

S/Stephen M Wheeler

_____________________________________ Stephen M. Wheeler

Case 1:01-cr-00214-WYD

Document 3448

Filed 04/18/2007

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