U.S. v. D'Amore

1 Analyses of this case by attorneys

  1. Attorney-Client Issues - Right to Counsel

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    Rule 8(c), Rules Governing §2255 Proceedings.United States v. D’Amore, 56 F.3d 1202 (9th Cir. 1995)The defendant, who was facing revocation of his supervised release, complained that he was not happy with his appointed counsel, and had retained a private attorney and wanted a continuance. The district court made little or perhaps no inquiry into the reason for the delay in retaining private counsel; there was evidence of a considerable conflict between the defendant and his appointed counsel and a complete breakdown in communication; and while the official motion to continue was filed the day before the hearing, the defendant had made efforts to bring the matter to the court’s attention much earlier.