Free Motion for Hearing on Motion - District Court of Arizona - Arizona

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LAW OFFICE OF NEIL C. LABARGE
NEIL C. LABARGE State Bar No. 13920 11 W . Jefferson St., #2 Phoenix, AZ 85003 (602) 252-4090 FAX (602) 252-2111 Attorney for Defendant DeLeon-Ortiz

IN THE UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant. Comes now defense attorney Neil C. LaBarge and respectfully requests that the court conduct a hearing to determine counsel in this matter. This motion is based upon the following grounds: 1) Defendant has advised that he would like to ask the court for a new lawyer. After becoming verbally combative with counsel, he advised that he wanted anew lawyer, and asked counsel to leave in the last visit to CCA. 2) For the court's consideration, undersigned counsel is defendant's third assigned attorney. Attorneys Atmore Baggot and Baltazar Iniguez were assigned to this case previously. Should the court grant a hearing in this matter, it is requested that the portion of the hearing wherein defendant explains his reasons for wanting a new attorney be conducted ex parte, in order to protect against possible disclosure privileged information. v. ANTONIO DELEON-ORTIZ, U.S.A., Plaintiff, MOTION TO DETERMINE COUNSEL No. CR04-709-PHX-SMM

Case 2:04-cr-00709-SMM

Document 59

Filed 11/21/2005

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1 2 3 LAW OFFICE OF NEIL C. LABARGE 4 5 ________________________________ 6 NEIL C. LABARGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Filed 11/21/2005 Respectfully submitted this date: November 21, 2005.

Case 2:04-cr-00709-SMM

Document 59

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Filed 11/21/2005 Clerk of the Court 401 W. Washington St. Phoenix, AZ 85003 Copies mailed to the following on this date: November 21, 2005. Gary Restaino, AUSA 40 N. Central Ave., #1200 Phoenix, AZ 85004 Original and one judge's copy filed with the following via U.S. mail / hand-delivery this date: November 21, 2005.

Case 2:04-cr-00709-SMM

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1 2 3 4 5 6 7 8 9 10 11 v. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Filed 11/21/2005 ______________________________________ Honorable Stephen M. McNamee, United States District Court, District of Arizona Defendant. THE COURT, having reviewed the Motion to Determine Counsel, and good cause appearing, IT IS ORDERED setting a hearing on this matter for the ____ day of ______________, 2005. SO ORDERED this date: __________________________. ANTONIO DELEON-ORTIZ, U.S.A., Plaintiff, ORDER No. CR04-709-PHX-SMM IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 2:04-cr-00709-SMM

Document 59

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