|
Hi Bethany, I plan to file an appeal to challenge the judge’s
decision denying our motion –if that’s what he does. One of
the challenges for the defense, unlike the Government, is appealing a decision
in the middle of a case. We normally have to wait until after the case is
over to file an appeal. Sometimes in extraordinary circumstances, the
defense is allowed to file an appeal in the middle of a case. They are
appropriately called “extraordinary appeals.” I would like you do some research for me on the how I can
convince the court to accept the appeal. The issue to be researched will be: Whether an accused who alleges an improper severance of the
attorney client relationship with his detailed defense counsel, without good
cause, has grounds to challenge the loss of counsel in an interlocutory appeal? This is not a question about whether the issue of the loss
of counsel should be fixed but whether he has right to ask the appellate court
to fix it before he goes to trial. I recommend the following search terms: “Loss of counsel” and improper w/s severance and
“good cause” and interlocutory OR “all writs act” and
appeal. I would initially limit the search to military courts.
If there isn’t much I would expand it to all federal circuits. Feel free to call with questions. I fly in this
afternoon for hearings in other cases on Thursday and Friday. I’ll
be at the condo. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone DETROIT METRO 6200 Schaefer Road Suite 202 Dearborn, MI 48126 313-457-1390 Phone 202-280-1039 Fax The information
contained in this electronic message is confidential, and is intended for the
use of the individual or entity named above. If you are not the intended
recipient of this message, you are hereby notified that any use, distribution,
copying of disclosure of this communication is strictly prohibited. If you
received this communication in error, please notify Puckett & Faraj, P.C.
at 888-970-0005 or via a return the e-mail to sender. You are
required to purge this E-mail immediately without reading or making any copy or
distribution. |