Response to Order to Show Cause as to Carl Delano Torjagbo filed by Carl Delano Torjagbo — USA v. Torjagbo (Dkt. 174, N.D. Ga. No. 1:22-cr-00171)

Summary

In this Response to Order to Show Cause, Document 174 filed 02/28/25 in Case No. 1:22-cr-00171-MLB-RDC in the Northern District of Georgia, defendant Carl Delano Torjagbo answers the Court's February 27, 2025 order requiring him to show cause by March 3, 2025 for failing to file a supplemental brief after a hearing transcript was filed. His new counsel says the Court granted his motion to replace prior counsel on February 12, 2025 and that Magistrate Judge Cannon appointed new counsel on February 24, 2025. Counsel says he returned from leave on February 26, 2025, is still obtaining the case file and the discovery, did not know a brief was due, and lacks access to the transcript on the public docket.

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Record facts

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
)
 
)
v.
)
                                 
)    Case No. 1:22-cr-00171-MLB-RDC
)
CARL DELANO TORJAGBO.
)
)
____________________________
)
RESPONSE TO ORDER TO SHOW CAUSE
COMES NOW the Defendant, CARL DELANO TORJAGBO, and submits
the following response to the recent show cause order issued by this Honorable
Court.
1) On February 27, 2025, this Honorable Court issued the following show
cause order:
The Court ordered the parties to file supplemental briefs, no more
than five (5) pages in length, within fourteen (14) days of receipt of
the [evidentiary hearing] transcript. (Dkt. 131.) The transcript was
filed on the docket on Feb 12, 2025. (Dkt. 167.) The United States
filed its supplemental brief 13 days later on Feb 25. But Defendant
never filed anything. The Court ORDERS Defendant, no later than
March 3, 2025, to show cause for his failure to comply with the
Court's order (Dkt. 131). Ordered by Judge Michael L. Brown on
2/27/2025.
(2/27/2025, by docket entry). 
Case 1:22-cr-00171-MLB-RDC     Document 174     Filed 02/28/25     Page 1 of 5

2) On February 12, 2025, this Honorable Court granted Mr. Torjagbo’s motion to
replace prior counsel, Kendal Silas and Vidhi Joshi of the Federal Defender
Program, Inc. The case was remanded to the magistrate judge for appointment of
new counsel. (Doc. 169).
3) On Monday, February 24, 2025, Magistrate Judge Cannon appointed the
undersigned counsel to represent Mr. Torjagbo. (Doc. 170). At the time,
undersigned counsel was out-of-state on leave-of-absence. He returned to the
district late Tuesday night and returned to his office on Wednesday, February 26,
2025.   
4) On February 26, 2025, new counsel contacted prior counsel to obtain Mr.
Torjagbo’s case file. Unfortunately, the file is too large to transfer electronically
via BOX.com. Thus, on Thursday, February 28, 2025, (yesterday), counsel
purchased and delivered an external hard-drive to the Federal Defender Office to
obtain a copy of the file. On this same date, counsel also delivered a hard-drive to
the offices of the United States Attorney to obtain a “clean” copy of the Rule 16
discovery materials. New counsel is awaiting receipt of Mr. Torjagbo’s file as well
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Case 1:22-cr-00171-MLB-RDC     Document 174     Filed 02/28/25     Page 2 of 5

as the discovery production from the Government.
5) While new counsel has spent time meeting with his new client and reviewing
the docket which contains 173 filed entries and numerous docket entries, he was
unaware that a supplemental post-hearing brief was due immediately or expected
from him. Obviously, new counsel did not participate in the December 9, 2024,
hearing and is unfamiliar with the underlying facts and issues given that he has yet
to receive or review Mr. Torjagbo’s file from prior counsel. 
6) Furthermore, while the December 9, 2024, transcript was filed by the court
reporter on February 12, 2025, that transcript in not yet available on the public
docket, and new counsel does not have PACER access to it. See PACER message
below -
You do not have access to this transcript. 
TRANSCRIPT of Proceedings (Motion Hearing) as to Carl
Delano Torjagbo held on 12/09/2024, before Judge Michael
L. Brown. Court Reporter/Transcriber Jana B. Colter,
FAPR, RMR. CRR, CRC. A full directory of court reporters
and their contact information can be found at
www.gand.uscourts.gov/court-reporter-directory.
Redaction Request due 3/5/2025. Redacted Transcript
Deadline set for 3/17/2025. Release of Transcript
Restriction set for 5/13/2025. (Attachments: # 1 Notice
of Filing Transcript) (jbc) 
  
(Doc. 167). 
3
Case 1:22-cr-00171-MLB-RDC     Document 174     Filed 02/28/25     Page 3 of 5

7) Presumably, a copy of the transcript is contained in Mr. Torjagbo’s case file 
which new counsel should receive soon.
8) Additionally, new counsel will request authorization for CJA funds to purchase 
a copy of the December 9, 2024, transcript.   
WHEREBY, CARL DELANO TORJAGBO requests that he be granted 14 
days from new counsel’s receipt of the December 9, 2024, hearing transcript, to
file his supplemental brief on this issue.
Dated:  This 28th day of February, 2025.
Respectfully submitted,
 
s/ L. Burton Finlayson 
L. BURTON FINLAYSON
Attorney for CARL DELANO TORJAGBO 
Georgia Bar Number: 261460
LAW OFFICE OF
L. BURTON FINLAYSON, LLC 
685 Linwood Avenue, NE, Suite 200A
Atlanta, Georgia 30306
(404) 872-0560
lbfcourts@aol.com
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Case 1:22-cr-00171-MLB-RDC     Document 174     Filed 02/28/25     Page 4 of 5

CERTIFICATE OF SERVICE
This is to certify that I have this day electronically filed the foregoing
Response with the Clerk of Court using the CM/ECF system which will
automatically send email notifications of such filing upon all counsel of record
including the following:
 
      Ms. Kelly Connors 
     Assistant United States Attorney
     600 U.S. Courthouse
     75 Ted Turner Drive, S. W.
     Atlanta, Georgia  30303
DATED:  This 28th day of February, 2025.
 s/ L. Burton Finlayson 
L. BURTON FINLAYSON
ATTORNEY FOR CARL DELANO TORJAGBO   
State Bar Number: 261460   
  
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Case 1:22-cr-00171-MLB-RDC     Document 174     Filed 02/28/25     Page 5 of 5

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