USA v. Medina, 14-cr-00396-PAB. (2017)
Court: District Court, D. Colorado
Number: infdco20171226527
Visitors: 5
Filed: Dec. 22, 2017
Latest Update: Dec. 22, 2017
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the Motion for the Appointment [of] Appellate Counsel [Docket No. 212], wherein the defendant, through his stand-by counsel, asks this Court to appoint appellate counsel. Mr. Banta's appointm ent as stand-by counsel continues during appeal unless he seeks leave to withdraw. See 10th Cir. R. 46.3(A). If the defendant is seeking the appointment of an appellate attorney to represent him, he must file a motion in
Summary: ORDER PHILIP A. BRIMMER , District Judge . This matter comes before the Court on the Motion for the Appointment [of] Appellate Counsel [Docket No. 212], wherein the defendant, through his stand-by counsel, asks this Court to appoint appellate counsel. Mr. Banta's appointm ent as stand-by counsel continues during appeal unless he seeks leave to withdraw. See 10th Cir. R. 46.3(A). If the defendant is seeking the appointment of an appellate attorney to represent him, he must file a motion in ..
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ORDER
PHILIP A. BRIMMER, District Judge.
This matter comes before the Court on the Motion for the Appointment [of] Appellate Counsel [Docket No. 212], wherein the defendant, through his stand-by counsel, asks this Court to appoint appellate counsel. Mr. Banta's appointm ent as stand-by counsel continues during appeal unless he seeks leave to withdraw. See 10th Cir. R. 46.3(A). If the defendant is seeking the appointment of an appellate attorney to represent him, he must file a motion in the Tenth Circuit. See, e.g., 10th Circuit Criminal Justice Act Plan, § II. This Court does not need to determine whether he is indigent since, absent a change of financial circumstances, any determination that a person is eligible for CJA counsel made in the district court shall continue on appeal. Id. Wherefore, defendant's Motion for the Appointment [of] Appellate Counsel [Docket No. 212] is denied.
Source: Leagle
