McKenna v. McDaniel et al

Filing 42

ORDER Granting 38 Ex Parte Motion for Substitution of Counsel. FPD for the District of Nevada is discharged from representation. FPD for the District of Arizona is appointed to represent the Petitioner. FPD for the District of Arizona shall file a notice of appearance within 30 days. Requirements of Local Rule IA 10-2 shall be waived. Signed by Judge James C. Mahan on 07/12/2012. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PATRICK CHARLES McKENNA,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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2:11-cv-0191-JCM-PAL
ORDER

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In this capital habeas corpus action, on June 8, 2012, the petitioner, Patrick Charles

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McKenna, filed, under seal, a motion for substitution of counsel (ECF No. 38). Subsequently, the

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court ordered McKenna to file a supplemental declaration of counsel, under seal, providing a more

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detailed explanation of the need for the substitution of counsel (ECF No. 40).

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On July 3, 2012, McKenna’s counsel filed supplemental briefing in support of the motion for
substitution of counsel, under seal, as ordered (ECF No. 41).

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The court has carefully considered the material filed under seal in this case on July 3, 2012

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(ECF No. 41), and determines that, in the interests of justice, substitution of counsel is warranted.

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See Martel v. Clair, 132 S.Ct. 1276, 1284 (2012) (holding that an “interests of justice” standard is to

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be applied to motions for substitution of counsel in capital habeas cases). The motion for

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substitution of counsel will be granted, the federal public defender for the District of Nevada will be

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discharged from its representation of the petitioner, and the federal public defender for the District of

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Arizona will be appointed to represent the petitioner.

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The federal public defender for the District of Arizona will be directed to file a notice of

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appearance of counsel in this action. As the case is currently stayed, pending proceedings in state

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court, there will likely be no significant further activity in the case after the notice of appearance of

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counsel is filed, and before the stay is lifted.

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IT IS THEREFORE ORDERED that the motion for substitution of counsel (ECF No. 38)
is GRANTED.

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IT IS FURTHER ORDERED that the federal public defender for the District of Nevada is
discharged from the representation of the petitioner in this case.

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IT IS FURTHER ORDERED that the federal public defender for the District of Arizona is
appointed to represent the petitioner in this case.

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IT IS FURTHER ORDERED that the federal public defender for the District of Arizona

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shall, within 30 days after the date this order, file a notice of appearance of counsel for petitioner,

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indicating their acceptance of this appointment, or other document indicating that they cannot accept

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the appointment.

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IT IS FURTHER ORDERED that the requirements of Local Rule IA 10-2 (“Admission to

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Practice in a Particular Case”) shall be waived in this case.

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IT IS FURTHER ORDERED that the clerk of the court shall SERVE a copy of this
order on each of the following:

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Patrick Charles McKenna
#14968
Ely State Prison
P.O. Box 1989
Ely, NV 89301

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Federal Public Defender
District of Arizona
850 W. Adams Street
Suite 201
Phoenix, AZ 85007-2730

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12th
Dated this _____ day of July, 2012.

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UNITED STATES DISTRICT JUDGE
NITED STATES
IT
ST
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