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Judge denies attorney's motion to withdraw in Powell appeal, orders counsel to finish transcripts
Summary
Judge David D. Wolfe declined to allow defense attorney Stover to withdraw from Abdullah Hassan Powell's pending appeal, saying replacement counsel would delay the appellate process and that Stover is best placed to ensure appellate transcripts are filed correctly.
Judge David D. Wolfe denied a motion by defense attorney Stover to withdraw from the appellate representation of Abdullah Hassan Powell, saying the attorney's continued participation was necessary to preserve the appeal and to ensure transcripts were properly prepared for the Court of Criminal Appeals.
The denial came after Stover told the court he had filed to withdraw because of statements Powell made about his representation. Powell told the court he was dissatisfied with how some matters were handled at trial. Judge Wolfe said the Court of Criminal Appeals had remanded parts of the case and that appointing new counsel would require starting the appellate work over, likely delaying the appeal.
Wolfe explained that Stover had been involved in the trial and the appellate filings and that no substitute counsel could reasonably be appointed without creating a substantial delay. The judge directed Stover to complete and file the necessary transcripts and to prepare an order reflecting the court's findings and instructions to comply with the appellate court's requirements.
Powell told the court he did not know how to proceed and that he might seek substitute counsel, but the judge said a substitution could be made only if it would not imperil the timely processing of the appeal. The court noted a partial fee arrangement between Powell's family and Stover; Stover said he would work with Powell's family on outstanding fees but that he could not simply withdraw without harming the appellate timeline.
The court recorded that the public defender's office could not take the appeal because of conflicts and that the record already showed Stover's detailed appellate work. Judge Wolfe denied the withdrawal motion and ordered Stover to proceed with the appellate tasks required by the Court of Criminal Appeals.
The court instructed Stover to ensure transcripts were timely and accurate and to submit the order reflecting the denial and the reasons for it. The court also told Powell he could hire new counsel if he wished, but that the substitution process could not be used to delay the appeal.
