Opinion
S026040
12-13-2023
PEOPLE v. VIEIRA (RICHARD JOHN)
Withdrawal of counsel allowed by order
Good cause appearing, attorney Wesley A. Van Winkle's “Unopposed Motion to Substitute Counsel,” filed October 4, 2023, is granted in part and denied in part as follows.
The order appointing Wesley A. Van Winkle as counsel of record for Richard J. Vieira in connection with all post convictions proceedings, filed July 8, 2015, 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. Vieira, 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 Vieira.
To the extent the motion requests appointment of John R. Mills as counsel for habeas corpus proceedings, the motion is denied without prejudice to the filing of a new motion in the superior court. To the extent the motion requests appointment of John R. Mills as counsel for executive clemency proceedings, the motion is denied.