Free Motion to Withdraw as Attorney - District Court of Delaware - Delaware

Case 1:07-cr-00071-JJF

Document 78

Filed 03/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BAXTER, Defendant. : : : : : : : : :

Cr.A. No. 07-71-JJF

MOTION REQUESTING LEAVE TO WITHDRAW AS COUNSEL COMES NOW, John S. Malik, counsel for Defendant Christopher Baxter, and respectfully requests that this Honorable Court grant counsel leave to withdraw his appearance on behalf of Defendant Baxter based upon the following grounds: 1. On or about June 28, 2007, counsel entered his appearance on behalf of

Defendant Christopher Baxter in the above captioned criminal action. 2. Counsel seeks to withdraw his appearance as attorney for Defendant

Baxter based upon Defendant Baxter's refusal to cooperate with counsel in discussing strategies to resolve the instant criminal action either via entry of a guilty plea or via trial. 3. Defendant Baxter's refusal to cooperate with counsel is illustrated by the

following specific instance. On March 27, 2008, counsel met with Mr. Baxter at the Howard R. Young Correctional Institute in order to discuss the government's final plea offer and the March 28, 2008 deadline the government had set for accepting said plea offer. Mr. Baxter became frustrated with the government's plea offer and walked out of his meeting with counsel without advising counsel what his defense would be and without discussing any trial strategy with defense counsel.

Case 1:07-cr-00071-JJF

Document 78

Filed 03/31/2008

Page 2 of 4

4.

Counsel submits that this type of conduct on behalf of Mr. Baxter

manifestly establishes his refusal to cooperate with counsel in the preparation of the defense of his case. Furthermore, counsel believes that Mr. Baxter's walking out on counsel during a critical meeting regarding his case evinces an irreconcilable breakdown in the attorney/client relationship to the extent that counsel believes that he will not be able to render effective assistance to Mr. Baxter. 5. In a serious felony drug conspiracy case, it is critical that a client

cooperate fully and completely with counsel in order that counsel may discharge their duties in a way that fully protects the client's best interests. 6. Since Mr. Baxter has refused to cooperate with counsel in the preparation

of his case, counsel requests that his appearance on behalf of Defendant Baxter be withdrawn. WHEREFORE, John S. Malik, counsel for Defendant Christopher Baxter respectfully requests that this Honorable Court grant counsel leave to withdraw his appearance on behalf of Defendant Baxter. Respectfully submitted, /s/ John S. Malik JOHN S. MALIK East 14th Street Wilmington, Delaware 19801 (302) 427-2247 Dated: March 28, 2008

Case 1:07-cr-00071-JJF

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Filed 03/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BAXTER, Defendant. : : : : : : : : : ORDER AND NOW, TO WIT, this _____ day of April, A.D., 2008, counsel's Motion Requesting Leave to Withdraw his appearance on behalf of Defendant Christopher Baxter having been duly heard and considered, IT IS SO ORDERED: That the appearance of John S. Malik on behalf of Defendant Christopher Baxter in the above captioned criminal action is hereby withdrawn.

Cr.A. No. 07-71-JJF

THE HONORABLE JOSEPH J. FARNAN, JR.

Case 1:07-cr-00071-JJF

Document 78

Filed 03/31/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER BAXTER, Defendant. : : : : : : : : :

Cr.A. No. 07-71-JJF

CERTIFICATE OF SERVICE I, John S. Malik, hereby certify this 28th day of March, A.D., 2008, that two copies of the attached Motion Requesting Leave to Withdraw as Counsel were served either electronically or via United States Mail, first class postage prepaid, to the individuals listed below at the following addresses: SERVED ELECTRONICALLY Colm F. Connolly, Esquire United States Attorney Douglas McCann, Esquire Assistant United States Attorney United States Attorney's Office Nemours Building 1007 Orange Street, 7th Floor Wilmington, Delaware 19801 SERVED VIA U.S. MAIL Mr. Christopher Baxter H.R.Y.C.I. P.O. Box 9561 Wilmington, Delaware 19809

/s/ John S. Malik JOHN S. MALIK 100 East 14th Street Wilmington, Delaware 19801 (302) 427-2247