United States District Court, E.D. Michigan, Southern Division
F. Cox United States District Judge
criminal action, Defendant Terrance Lombard
(“Lombard”) is charged with drug offenses. On
October 26, 2016, the matter came before the Court on a
Motion to Withdraw, filed by Lombard's current counsel at
Lombard's request, and a pro se “Motion
for Disclosure of Brady Materials” filed by
Lombard on October 25, 2016. This Memorandum Opinion sets
forth the Court's rulings on both motions, which were
made on the record on October 26, 2016.
is charged with: 1) Conspiracy to Possess with Intent to
Distribute Heroin, in violation of 21 U.S.C. §§ 846
and 841(a)(1) (Count One); and 2) Possession with Intent to
Distribute Heroin, in violation of 21 U.S.C. § 841(a)(1)
(Count Two). The Indictment also contains forfeiture
was originally represented by retained counsel, attorney
Arlene Woods. Woods was permitted to withdraw as counsel for
Lombard on October 29, 2015. (D.E. No. 12).
Gonek, an experienced criminal attorney, was then appointed
to represent Lombard. On May 23, 2016, Gonek filed a Motion
to Withdraw, because Lombard no longer wanted Gonek to
represent him. (D.E. No. 19). On May 27, 2016, this Court
allowed Gonek to withdraw.
Culpepper, another experienced criminal attorney, was then
appointed to represent Lombard. On June 29, 2016, Culpepper
made an oral Motion to Withdraw as Counsel for Lombard,
because Lombard did not want Culpepper to represent him. This
Court allowed Culpepper to withdraw on July 1, 2016. This
Court advised Lombard that another attorney would be
appointed to represent him in this action, but cautioned
Lombard that the Court would not continue to appoint new
attorneys for him absent a compelling reason.
F. Kinney, yet another experienced criminal attorney, was
then appointed to represent Lombard. Kinney is the fourth
attorney that has represented Lombard in this action.
filed a motion seeking to withdraw, on October 17, 2016,
because Lombard advised him he did not want to be represented
by him and asked that he file the motion.
to filing the motion seeking to withdraw, Kinney filed two
motions on behalf of Lombard: 1) a motion requesting leave to
file a motion to suppress (D.E. No. 31); and 2) a Motion to
Suppress (D.E. No. 30). This Court granted leave to file the
late Motion to Suppress, via a text-only order on October 17,
2016. That motion will be addressed in a separate Opinion and
about October 25, 2016, Lombard filed a pro se
“Motion for Disclosure of Brady
Materials.” (D.E. No. 38).
Lombard's Motion For Disclosure Of Brady
Materials Was Denied As Moot.
discussed on the record on October 26, 2016, Lombard's
pro se Motion for Disclosure of Brady
Materials is moot. That is because, as the Government stated
at the hearing, the Government is aware of its obligations
under Brady and will comply with ...