`
`
`
`
`
`
`
`Case 2:11-cr-00304-RCJ-PAL Document 158 Filed 11/28/23 Page 1 of 3
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
`
`UNITED STATES OF AMERICA,
`
` Plaintiff,
`
`
`
`DARRELL CONNERS,
`
`
`
`Defendant.
`
`vs.
`
`
`
`
`
`
`
` Case No. 2:11-cr-00304-RCJ-PAL
`
` ORDER
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Pending before the Court is Counsel’s Amended Motion to Withdraw as Counsel of Record
`
`for Darrell Conners, (Dkt. 156).1 For the following reasons, the Court grants the motion and
`
`recommends that CJA attorney Jamie Resch be appointed as counsel of record in this case.
`
`Lisa A. Rasmussen was appointed to represent Conners in this case on April 9, 2018. (Dkt.
`
`156 at 1); (see also Dkt. 115). This case is currently on appeal at the Ninth Circuit. (Dkt. 156 at
`
`
`Counsel filed the pending motion amending only to correct the mailing address provided for Conners.
`1
`(Dkt. 156 at 1). Thus, the Court will consider moot counsel’s original motion to withdraw, (Dkt. 155).
`
`1 of 3
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`
`
`
`

`

`Case 2:11-cr-00304-RCJ-PAL Document 158 Filed 11/28/23 Page 2 of 3
`
`
`
`
`
`
`
`
`2); (see also Dkt. 150). At times, Rasmussen and Conners have had a “difference of opinion . . .
`
`as to what the priorities are in his case.” (Dkt. 156 at 2). The motion states that “[t]here are times
`
`in cases when a defendant and his lawyer do not see eye to eye on the preferred course of action
`
`and this is one of those instances.” (Id. at 2–3). Therefore, the motion argues that due to Conners’
`
`frustration, it “appears that he would be better served by having a different attorney represent him
`
`in this matter.” (Id. at 3).
`
`Currently pending in state court is another case involving Conners, where he is represented
`
`by CJA attorney Jamie Resch. (Dkt. 156 at 2, 4). At Conners’ request, Rasmussen believes that
`
`it would be best if she withdraws as Conners’ counsel in this case. (Id. at 2–3). She recommends
`
`that the Court consider appointing Mr. Resch as her replacement as he is handling “the state court
`
`post-conviction matter and its resolution could impact the Judgment in this case.” (Id. at 3, 4–5).
`
`Further, Rasmussen notes that “there is no upcoming trial or hearing” in this case where a chance
`
`of counsel could materially affect Conners’ case. (Id. at 3).
`
`Rule 1.16 of the Nevada Rules of Professional Conduct allows a lawyer to seek to withdraw
`
`from a case where good cause exists and if withdraw can be accomplished without any adverse
`
`impact on the interests of the client. Rule 1.16(b)(1) (“[A] lawyer may withdraw from representing
`
`a client if . . . [w]ithdrawal can be accomplished without material adverse effect on the interests of
`
`the client[.]”). Rasmussen has established that good cause exists in this case to permit withdrawal
`
`and that withdrawal would not harm her client. The Court agrees with Rasmussen and
`
`recommends that Jamie Resch be appointed as counsel in this case.
`
`
`
`2 of 3
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`Case 2:11-cr-00304-RCJ-PAL Document 158 Filed 11/28/23 Page 3 of 3
`
`CONCLUSION
`
`IT IS HEREBY ORDERED that Counsel’s Amended Motion to Withdraw as Counsel of
`
`Record for Darrell Conners, (Dkt. 156), is GRANTED.
`
`IT IS FURTHER ORDERED that the Clerk of the Court is DIRECTED to NOTIFY CJA
`
`appointing authority for the District of Nevada regarding the appointment of Jamie Resch as
`
`counsel for Conners in this case.
`
`IT IS FURHTER ORDERED that Counsel’s Motion to Withdraw as Counsel of Record
`
`for Darrell Conners, (Dkt. 155), is TERMINATED as MOOT.
`
`
`
`IT IS SO ORDERED.
`
`Dated November 28, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________________
`
` ROBERT C. JONES
`
` United States District Judge
`
`3 of 3
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`
`
`
`