Opinion
Case No. 2:15-cr-00071-JAD-GWF
03-08-2016
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT DEVELL KINCADE, Defendant.
ORDER
This matter is before the Court on Defendant Kincade's Ex Parte Motion for Conversion to CJA Appointment (Dkt. #80), filed on March 7, 2016.
BACKGROUND AND DISCUSSION
Defendant Kincade was indicted on one count of armed bank robbery and one count of brandishing a firearm during a crime of violence on March 11, 2015. Indictment (Dkt. #10). Defendant was subsequently appointed Mr. Osvaldo Fumo, Esq. as his counsel pursuant to the Criminal Justice Act ("CJA"). See Dkt. #18. Thereafter, Defendant moved to remove Mr. Fumo as his counsel of record and requested the Court appoint him a new attorney. On July 22, 2015, the Court granted Defendant's motion and Ms. Jennifer Waldo, Esq. was appointed as his CJA counsel. Dkt. #34. On that same day, Defendant was indicted on additional counts of armed bank robbery and brandishing a firearm during a crime of violence. Superseding Indictment (Dkt. #35).
On September 1, 2015, Defendant elected to substitute Kathleen Bliss, Esq. as his retained counsel in place of his CJA appointed counsel. Dkt. #45. From that time, Defendant's mother had been funding his defense. However, Defendant represents that his mother is no longer able to continue paying for Ms. Bliss's legal fees. Motion (Dkt. #80). Defendant now requests the Court appoint him CJA counsel, and specifically requests the Court appoint his current counsel, Ms. Bliss.
Defendant's trial is currently scheduled for April 19, 2016. Defendant asserts that his current counsel "has expended approximately 190 hours on this case, including consulting with the client, reviewing discovery, conferring with the prosecutor, conducting research, filing motions, and strategizing." Motion (#80), pg. 4, ln. 2-4. The Court finds that the interests of judicial economy and continuity of representation weigh in favor of granting Defendant's motion. Accordingly,
IT IS HEREBY ORDERED that Defendant Kincade's Ex Parte Motion for Conversion to CJA Appointment (Dkt. #80) is granted. Defendant's current counsel, Kathleen Bliss, Esq., shall be appointed as his CJA counsel for the remainder of this matter.
DATED this 8th day of March, 2016.
/s/_________
GEORGE FOLEY, JR.
United States Magistrate Judge