Motion for Appointment of Counsel by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 47, D. Colo.)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 47 · 2023-11-13 · Docket on CourtListener

Full text

Pro Se Section 2255 Forms (2016) 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF  COLORADO 
 
UNITED STATES, 
) 
Respondent 
) 
) Case Number  1:23CR00074-1 
 
v. 
) (Your criminal case number) 
) 
 DEJANE REANIECE LATTANY, 
) 
Movant 
 
MOTION FOR APPOINTMENT OF COUNSEL 
 
I, DEJANE REANIECE LATTANY, 
, respectfully move this Court to 
appoint me an attorney based on its authority under 18 U.S.C. § 3006A(a)(2)(B). The 
following reasons support this request: 
1. 
Movant has filed a petition under 28 U.S.C. § 2255, which asks this 
Court to set aside the criminal judgment in this case. 
2. 
Under § 3006A(a)(2)(B), counsel should be appointed in a § 2255 case 
where the movant is financially unable to obtain adequate representation and the 
interests of justice require that counsel be appointed. 
3. 
Under Rule 6(a) of the Rules Governing Section 2255 Cases, this Court 
must appoint an attorney for a financially eligible movant if it orders discovery and 
an attorney is needed for effective discovery. 
4. 
Under Rule 8(c) of the Rules Governing Section 2255 Cases, this 
Court must appoint an attorney for a financially eligible movant if it orders an 
evidentiary hearing.
Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 1
of 8
FILED 
UNITED STATES DISTRICT COURT 
DENVER, COLORADO 
 
JEFFREY P. COLWELL, CLERK 
11/13/2023

Pro Se Section 2241 
2 
 
 
5. 
Movant is financially unable to obtain adequate representation, as 
shown in the attached affidavit and statement of account. (See Previous submitted 
Financial Affidavit attached)  
 
6. 
The interests of justice require appointing counsel for the Movant: (In 
the space below, explain why you need an attorney and, if you have asked for or 
have been granted discovery or a hearing, include that information.) 
     In the pursuit of justice and in accordance with the guarantees of the Sixth Amendment of the U.S. Constitution, it 
is crucial for an individual to have effective legal counsel. A defendant's right to effective counsel is a foundational 
principle of our criminal justice system. However, not all defendants receive the representation they are entitled to, and 
some may suffer prejudicial outcomes as a direct result of counsel's errors or omissions. 
 
When asserting a claim of ineffective assistance of counsel, as envisaged by the landmark case Strickland v. 
Washington, a defendant must show that their attorney's performance was deficient, and that this deficient 
performance prejudiced the defense. Successfully making this argument can be a complex and nuanced endeavor. It 
often requires presenting a retrospective examination of the original attorney's actions, strategies, and decisions in the 
light most favorable to the defendant. 
 
For this reason, seeking the assistance of a new attorney to file a §2255 motion on grounds of ineffective assistance is 
not only advisable but also often essential: 
 
Objectivity: A fresh set of eyes can provide an objective review of the original proceedings and identify errors or 
omissions that might not be evident to the original attorney due to biases or emotional attachments. 
 
Specialization: Filing a §2255 motion based on ineffective assistance of counsel requires a deep understanding of both 
the underlying criminal case and the intricacies of post-conviction relief. An attorney specialized in post-conviction 
motions will be more adept at identifying and arguing these issues. 
 
Avoidance of Conflict of Interest: Raising an ineffective assistance of counsel claim against one's original attorney 
inherently suggests that the attorney did not provide proper representation. Having the original attorney file this 
motion could result in a conflict of interest, as they would essentially be asserting their own professional failings. 
 
Credibility with the Court: A new attorney asserting ineffective assistance can strengthen the claim's credibility. If the 
original attorney were to admit their mistakes, the court might perceive it as an attempt to avoid malpractice or other 
liabilities. 
 
Given these considerations, it becomes evident that a defendant asserting a claim of ineffective assistance of counsel 
would benefit immensely from seeking a new attorney, one who possesses both the objectivity and expertise necessary 
to properly file a §2255 motion and argue it effectively before the court. 
 
 
 
 
 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 2
of 8

Pro Se Section 2241 
3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 3
of 8

Pro Se Section 2241 
4 
 
WHEREFORE, Movant requests that the Court appoint an attorney to 
represent him or her in this case. 
Respectfully submitted, 
 
 
Signature of Movant, Pro Se 
 
                                                                              10/11/2023 
Date 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on  10/11/2023 
, I served this Motion by 
(date) 
 
depositing a true and correct copy of the Motion in the U.S. Mail, postage prepaid to 
 
 
Assistant U.S. Attorney      Laura B Hurd 
 
(name of prosecutor in your case) 
 
at 1801 California Street, Suite 1600 Denver, CO 80202 
. 
(address of the prosecutor’s office that prosecuted you) 
 
 
 
 
Signature of Movant, Pro Se 
 
Address: 
 11125 Quintero Court Commerce 
 
 
                                                                              City Colorado 80022 
 
 
 
 
Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 4
of 8

Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 5
of 8

Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 6
of 8

Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 7
of 8

Case No. 1:23-cr-00074-NYW     Document 47     filed 11/13/23     USDC Colorado     pg 8
of 8

File and source

File

gov.uscourts.cod.223008.47.0.pdf

Size

5,408,743 bytes

SHA-256

07a717ea734e0483b740fcf30f061879a1176413dbd68445482ba0d254e52574

Our copy

gov.uscourts.cod.223008.47.0.pdf

Original

PACER (login required)