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

Case 3:08-cv-00311-LAB-LSP

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Filed 08/13/2008

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Robert Russell Bryan, Cal. Bar No. 79450
Lead Counsel 2088 Union Street, Suite 4 San Francisco, CA 94123 Telephone: (415) 292-2400 Facsimile: (415) 292-4873 [email protected] Kurt David Hermansen, Cal. Bar No. 166349 Second Counsel 110 West C Street, Suite 1810 San Diego, California 92101-3909 Telephone: (619) 236-8300 Facsimile: (619) 236-8400 Cellular: (619) 436-8117 [email protected] Attorneys for Petitioner TERRY D. BEMORE

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) TERRY D. BEMORE, ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0311-LAB DEATH PENALTY CASE MOTION TO ALLOW SECOND COUNSEL TO WITHDRAW

17 Petitioner, 18 19 20 21 22 23 24 25 26 27 28 I. ROBERT L. AYERS, JR. Respondent. v.

STATEMENT OF FACTS AND REQUEST FOR RELIEF 1. This Court appointed lead counsel on April 9, 2008, and appointed second

counsel on May 9, 2008. 2. Lead counsel has decades of capital litigation experience and has represent-

ed Mr. Bemore for many years in the California Supreme Court.

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08cv0331-LAB

Case 3:08-cv-00311-LAB-LSP

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Filed 08/13/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be relieved. is not.

3.

Lead counsel is intimately familiar with Mr. Bemore's case; second counsel

4. 5.

Mr. Bemore will not be prejudiced by second counsel's withdrawal. Mr. Bemore has requested that second counsel withdraw from further repre-

sentation in this case. 6. Even though it is not appropriate for counsel to reveal confidential informa-

tion, he can state that there has been a breakdown in the attorney-client relationship. Thus, in the interest of justice second counsel should be permitted to withdraw. 7. Second counsel wishes to honor Mr. Bemore's request that second counsel

8.

Lead counsel has indicated he does not oppose second counsel's withdraw-

al and authorizes immediate filing of this motion. A proposed order allowing second counsel to withdraw is being submitted directly to the court via [email protected]. II. CONCLUSION Based on the foregoing, the undersigned respectfully requests the Court order that second counsel be allowed to withdraw and be relieved from further representation of Mr. Bemore. Dated: August 13, 2008 s/Kurt David Hermansen Attorney for Defendant Email: [email protected]

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08cv0331-LAB

Case 3:08-cv-00311-LAB-LSP

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Filed 08/13/2008

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1 2 3 4 5 v. 6 ROBERT L. AYERS, JR. 7 TERRY D. BEMORE,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner,

Respondent. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Robert Russell Bryan [email protected] Kurt David Hermansen [email protected] IT IS HEREBY CERTIFIED THAT:

) ) ) ) ) ) ) ) ) )

Case No. 08cv0331-LAB

CERTIFICATE OF SERVICE

I, KURT DAVID HERMANSEN, am a citizen of the United States and am at least eighteen years of age. My business address is 110 West C Street, Suite 1810, San Diego, California 92101. I have caused service of APPLICATION TO ALLOW SECOND COUNSEL TO WITHDRAW. The following recipients are currently on the list to receive e-mail notices for this case and have thus been served electronically at the following email addresses: Attorney General [email protected]

I declare under penalty of perjury that the foregoing is true and correct. 23 24 25 26 27 28 Dated: August 13, 2008 s/Kurt David Hermansen Attorney for Defendant Email: [email protected]