Free Motion to Appoint Counsel - District Court of Arizona - Arizona

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Anders Rosenquist Jr., Bar No. #002724 ROSENQUIST & ASSOCIATES ATTORNEYS AT LAW 80 East Columbus Phoenix, AZ 85012 TELEPHONE: (480) 488-0102 Attorney for Defendant IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA, Plaintiff, v. NEIL RUSTY BOND, Defendant. MOTION FOR APPOINTMENT OF COUNSEL FOR HABEAS CORPUS PROCEEDINGS (expedited ruling requested) No. CR 03-0974-PHX-DGC

Defendant, Neil Rusty Bond (hereinafter "Defendant"), hereby requests that undersigned counsel be appointed by this Court to represent Defendant in the preparation and filing of a Petition for Writ of Habeas Corpus. Currently, undersigned counsel has been appointed under the Criminal Justice Act to represent Defendant for his direct appeal. However, after the initial review of Defendant's case, it is clear that Defendant has issues with ineffective assistance of trial counsel, and such claims are more properly raised in habeas corpus proceedings rather than on direct appeal. Lonchar v. Thomas, 517 U.S. 314, 330 (1996); United States. v. Ross, 206 F.3d 896, 900 (9th Cir. 2000); United States v. Pope, 841 F.2d 954, 958 (9th Cir. 1988). Yet

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undersigned counsel's CJA appointment does not cover the filing of a Petition for Writ of Habeas Corpus on behalf of Defendant. Since undersigned counsel is familiar with Defendant's case through the CJA appointment for Defendant's direct appeal, appointing undersigned counsel to also represent Defendant in filing his Petition for Writ of Habeas Corpus would be the most efficient resolution of Defendant's appeals. WHEREFORE, Defendant respectfully requests that undersigned counsel be appointed by this Court to file a Petition for Writ of Habeas Corpus on behalf of Defendant and continue to represent Defendant in both his direct appeal and habeas corpus proceedings. RESPECTFULLY SUBMITTED this 1st day of May 2006.

ROSENQUIST & ASSOCIATES

By:

/s/ Anders Rosenquist Anders V. Rosenquist Attorney for Defendant

ORIGINAL filed this 1st day of May 2006 with: Office of the Clerk Arizona District Court COPY submitted this day of May 2006 to: 1st

The Honorable David Campbell Arizona District Court
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Michelle Rae Hamilton-Burns U.S. Attorney's Office Two Renaissance Square 40 N. Central Avenue, STE 1200 Phoenix, Arizona 85004 Counsel for Plaintiff Neil Rusty Bond By: /s/ Tanya R. Imming

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