Opinion
S188035
12-14-2016
PEOPLE v. JENNINGS (GLENN WADE)
Counsel appointment order filed
The application of appointed appellate counsel for permission to withdraw as attorney of record for appellant Glenn Wade Jennings, filed November 3, 2016, is denied for failure to comply with Policy 2 (“Withdrawal of counsel”) of the Supreme Court Policies Regarding Cases Arising From Judgments of Death.
On the court's own motion, the order appointing Roger I. Teich as appellate counsel of record for appellant Glenn Wade Jennings, filed June 3, 2014, is hereby vacated.
Joseph Schlesinger, in his capacity as the Executive Director of the California Appellate Project (CAP) in San Francisco, is hereby appointed as interim appellate counsel of record for appellant Glenn Wade Jennings.
Teich is hereby directed to deliver to CAP Executive Director Schlesinger, within 30 days from the filing of this order, all case transcripts, case files, appellate and habeas corpus work product, trial files, investigation reports, 60-day confidential status reports, and related materials that he has produced or obtained from appellant or his trial counsel, paralegals, experts and investigators, or from any other source.
In conjunction with the order filed this day vacating the appointment of Teich as appellate counsel of record for appellant Glenn Wade Jennings in the above automatic appeal now pending in this court, this court retains jurisdiction to consider whether to order Teich to reimburse this court for hourly legal fees previously paid but unearned, subject to Teich's ability to demonstrate to the court that he should be credited, as appropriate, for appellate “work performed that is determined by the court to be of value to the court.” (See “Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court,” guideline V [“Court Action Upon Nonperformance of Work, and Reimbursement of Fees Upon Authorized Withdrawal of Appointed Counsel”].)