Opinion
S065877
12-13-2023
Withdrawal of counsel allowed by order
Good cause appearing, appointed habeas corpus/executive clemency counsel Wesley A. Van Winkle's “Motion to Permit Counsel for Appellant to Withdraw for Medical Reasons,” filed November 6, 2023, is granted. The order appointing Attorney Wesley A. Van Winkle to represent condemned inmate Bobby Lopez for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court, filed June 1, 2010, is hereby vacated.
Attorney Van Winkle is directed to deliver to Joseph Schlesinger, in his capacity as Executive Director of the California Appellate Project in San Francisco, within 30 days from the filing of this order, his copy of the record on appeal in People v. Lopez and Trujeque, all case files, and all habeas corpus investigation work product. Attorney Van Winkle is also directed to deliver to Mr. Schlesinger, within 30 days from the filing of this order, all trial files, reports and related materials that he has obtained from appellant's trial counsel, paralegals, experts and investigators, or from any other source. Executive Director Schlesinger and any successors must ensure that these materials and work product remain confidential and are not disclosed to anyone other than employees of the California Appellate Project in San Francisco in the course of their duties and the attorney(s) subsequently appointed to represent condemned inmate Lopez.