Free Order of 9th Circuit - District Court of Arizona - Arizona

{ ` DCT 1 B 2005
. ° UNITED STATES COURT OF APPEALS CATHY A_ OATTERQQN
· clear. us. com or APPEALS
FOR THE NINTH CIRCUIT ·
‘ UNITED STATES OF AMERICA, A No. 06-10429
Plaintiff- Appellee, A _ No. CR-03-61-1-IDM
, ‘ Arizona (Phoenix)
. v. ` A
ROBERT D. STEWART, JR., aka ORDER ‘
Robert Wilson Stewart, Bob Stewart, ·
Defendant- Appellant. .
Before; Peter L. Shaw, Appellate Commissioner _ "
Thomas E. Haney, Esq., 101 North First Avenue #2460, Phoenix, Arizona
85003, (602) 354-5866, filed a motion to be relieved as appointed counsel for
i appellant Robert D. Stewart, Jr., based on irreconcilable differences arising after A
he represented Stewart in the distiict court. Appellant Stewart requested leave to ,
' represent himself on appeal. Appellant Stewart’s request to represent himself was
. referred to the Appellate Commissioner pursuant to Ninth Circuit General Order A
. 6.3(e), which authorizes the Appellate Commissioner to confirm that appel1ant’s
. request to proceed pro se and waiver of his right to counsel are knowing,
A intelligent, and unequivocal. See Hendricks v. Zenon, 993 F .2d 664, 669 (9th Cir.
1993). ‘
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p _ No. 06-10429- [ _. ‘ A
· Because the record before the Appellate Commissioner was not adequate to
_ consider whether the court should grant leave to proceed pro se, appellant Stewart
_ was ordered to tile, within 21 days, a pro se response addressing whether self-
I representation would undermine a just and orderly resolution of the appeal. - '
" l In response, appellant Stewart filed a motion to withdraw his request to B
represent himself and requested appointment of new counsel to represent him on
I appeal. Appellant Stewart’s motion is granted. Mr. Haney is relieved as
appointed counsel for appellant Stewart. New counsel will be appointed by U I
' separate order. V l
_ . The Clerk shall serve a copy of this order on J on M.VSands, Federal liublic
A Defender, 850 West Adams Street, Suite 201, Phoenix, Arizona 85007, who will I
locate appointed counsel. The district court shall provide the Clerk of this court
with the name and address of appointed counsel by facsimile transmission (FAX: · 4
(A15) 556-6228) within 14days of locating counsel.
l . - Mr. Sands is requested to locate counsel who will confer closely with p A
appellant Stewart during the appeal process. Appellant Stewart’s pro se request - A
for leave to tile pro se supplemental briefing is denied without prejudice to A ‘
I renewal, if appropriate, by newly appointedcounsel. Appellant Stewart is
A Case 2:O3—cr-OOO61—HDIVI Document 210 Filed -12/07/2006 Page 2 of 3 Q ·


I A l\lo. 06-10429 " _
I advised, however, that appointed counsel is responsible for deciding which issues
W A to raise and is not required "to raise every ‘co1orable’ claim suggested by a client.” X
‘ Janes v. Barnes, 463 U.S. 745, 754 (1983). Indeed, "[w]innowing out weaker
arguments on appeal and focusing on those more likely to prevail . . . is the
. hallmark of effective appellate advocacy." Smith v. Murray, 477 U.S. 527, 536
(1986). U
New counsel shall designate and make arrangements for the production of
_ the transcripts by_November 15, 2006. The court reporters shall tile the transcripts
_ in the district court by December 15, 2006. Appellant Stewart’s opening brief and A
excerpts of record are due January 24, 2006. Appellee’s answering brief is due
February 23, 2007. Appellant Stewart’s optional reply brief is due within 14 days
€ after service of the answering brief g
ll`he Clerk shall serve this order on Robert Stewart, Reg. No. 04650j081, - _
United States Penitentiary, 3901 Klein Road, Lompoc, California 93436, in
addition to serving the order on all counsel of record.
at r %L.>
‘ ~ a er 6.3(e) ‘
o;\Appc¤;m¤xrmaax2oo6xo6·10429s¢xw1mamw.»»»pd 3 h
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