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7th Circuit orders new defense counsel

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In an order handed down late Monday afternoon, the 7th Circuit Court of Appeals relieved a court-appointed defense counsel from representing his client and will appoint new counsel in a future order.

In United States of America v. Shaaban Hafiz Ahmad Ali Shaaban, No. 06-2801, Shaaban had been convicted in the Southern District of Indiana of various offenses related to trying to sell the names of CIA agents working covertly in Iraq to the Iraqi Intelligence Service. Shaaban was sentenced to 160 months in prison.

He appealed, but his appointed counsel sought to withdraw because he believed any issue raised on appeal would be frivolous. The 7th Circuit Court denied the motion and ordered counsel to address whether the District Court miscalculated the guideline range to sentence Shaaban.

Just before the 7th Circuit affirmed the sentence, the defense counsel sent a letter to Shaaban stating if the appeal was denied, the counsel would "argue for a rehearing and the appeal would not be final until rehearing were denied." Shaaban received another letter from his counsel just after the deadline to file a petition for rehearing lapsed, saying his sentence had been affirmed, but counsel made no mention of filing for a rehearing.

Shaaban filed a motion to recall the mandate because he believed his attorney did not follow through on his promise to file a rehearing request and Shaaban should be allowed to file one, even though the deadline had passed.

The appointed counsel was ordered to respond to the motion and stated he believed the affirmation and decision of the 7th Circuit on the case left him with only a frivolous appeal. He conceded he erred in not explaining to Shaaban his reasons for not filing for a rehearing and would file a petition for rehearing if the court deemed it necessary.

But the federal appellate court relieved the appointed counsel of his duties, finding he failed to communicate with Shaaban and already formed an opinion that the petition for rehearing was not necessary. In order to ensure full protection of Shaaban's right to counsel, new counsel will be appointed in a separate order, wrote Judge Kenneth Ripple. The newly appointed counsel shall file either a petition for rehearing or a motion to withdraw on the ground that any such petition would be frivolous and must do so within 30 days of appointment.

If the new counsel wants to withdraw because no nonfrivolous issue can be raised in a petition for rehearing, then Shaaban can file a response pursuant to 7th Circuit Rule 51(b).

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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