No, he will not even return any of my phone calls. This has been an on-going problem since he first began representing me in July of 2011. My appeal is in the 6th circuit court of appeals.
Time is of the essence, and he clearly does not care, nor does he have my best interest at heart! I would like to have him withdraw from my case, so that I do suffer irreparable harm. The problem is that I live in CA, and the case was originally tried in the Western Dist of KY.
Hi Lashanda,As a general rule, if a defense lawyer won't do something like this it's because he already knows the law will not grant the motion and that he would face sanctions for filing a frivolous motion if he brought it. I'm not saying that this is the case here. I'm just giving you the most common reason. There could be others as well and I could not possibly guess.If he's a Federal public defender then he works out of a Federal defender's office. That means he has a supervisor. I would call his office, speak to his boss and find out why the attorney refuses to do what you're asking and ask them what they intend to do about this. You could also ask him for another attorney from the office if he doesn't suggest it himself. Are you talking about the Federal defender who handled your trial case or the Federal Appellate defender who is in charge of the appeal?
He is the Chief PDF, so who would be the chain of command above him? The main premise of my appeal is ineffective assistance of counsel, in regards XXXXX XXXXX!!! He hasn't even cared to ask me why I am even appealing?
Let me re-phrase my first statement.
There was motion filed: it read as a request for a stay pending appeal/ and or extension of self surrender date. The judge did not respond to the order regarding the stay and gave me a 30 day extension. The issue at hand is regarding the Stay pending appeal, whereas the Rules of procedure regarding the appellate court stipulate that a motion must 1st be attempted in the district court before it can be brought forth to the Appellate court for a decision. Therefore, I need him to re-file the (now Emergency) motion for stay pending appeal, so that the judge must render a decision!
so you're saying that I can have another lawyer file the motion for a stay on my behalf, and that I don't have to rely solely upon him?
To the best of my knowledge he has not withdrawn from representing me, and I haven't received any written correspondence stating that he has. Again, I will preface that he has never called me, even while the original trial proceedings were taking place! However at this juncture, I am not going to tolerate this type of willful behavior at the Appellate level.
Thank you for your advice.
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