Opinion
CRIMINAL ACTION, No. 06-20162-01-KHV.
December 2, 2008
ORDER
On October 7, 2008, a jury found defendant guilty of armed bank robbery, using, carrying or brandishing a firearm during and in relation to a crime of violence and possession of a firearm by a convicted felon. See Verdict (Doc. #104). This matter is before the Court on defendant's pro se Motion For Discovery (Doc. #106) filed November 25, 2008.
Defendant asks the Court to order his counsel to produce certain documents related to the investigation in the case by a defense expert and investigator. Defendant has not shown a particularized need for these documents. In any event, the Court declines to consider the merits of defendant's motion because he filed it pro se while he is represented by counsel. See United States v. Sandoval-DeLao, 283 Fed. Appx. 621, 625 (10th Cir. 2008) (no error in refusal to consider pro se motion when defendant was represented by counsel); United States v. Castellon, 218 Fed. Appx. 775, 780 (10th Cir. 2007) (if criminal defendant is represented by counsel, court does not accept pro se filings or allegations); United States v. McKinley, 58 F.3d 1475, 1480 (10th Cir. 1995) (no constitutional right to "hybrid form of representation").
IT IS THEREFORE ORDERED that defendant's pro se Motion For Discovery (Doc. #106) filed November 25, 2008 be and hereby is OVERRULED.