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Home Court filings USA v. Edwards et al USA v. Edwards et al — U.S. District Court, Middle District of Florida FPD Motion to Withdraw (Conflict of Interest) — USA v. Edwards et al. (M.D. Fla.)

Court filing

FPD Motion to Withdraw (Conflict of Interest) — USA v. Edwards et al. (M.D. Fla.)

Filed December 19, 2022 in USA v. Edwards et al.; one of 112 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2022-12-19

U.S. District Court for the Middle District of Florida · No. 6:22-cr-00201-AGM-LHP · Doc. 24 · 2022-12-19 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v.  
  
 
 
 
 
         Case No. 6:22-cr-201-WWB-LHP 
 
 
EVAN EDWARDS, 
 
Defendant. 
______________________________________/ 
 
 
UNOPPOSED MOTION TO WITHDRAW AS COUNSEL 
 DUE TO CONFLICT OF INTEREST AND FOR  
APPOINTMENT OF CJA COUNSEL 
 
The Office of the Federal Defender, through undersigned counsel, respectfully 
moves to withdraw from further representation of the above-named defendant, to 
terminate further notification of electronic filings in this case, and for the appointment of 
conflict-free CJA counsel. As grounds in support thereof, undersigned counsel states the 
following: 
1. 
On December 15, 2022, the Office of the Federal Defender was 
provisionally appointed to represent Evan Edwards in the above styled case. (Doc. 17).  
2. 
Undersigned counsel has learned of a conflict of interest that exists between 
Mr. Edwards and a former client represented by the Federal Defender’s Office. 
3. 
The Office of the Federal Defender, specifically, Assistant Federal Defender 
Erin Brenna Hyde moves to withdraw as counsel for the Defendant, Evan Edwards, and 
requests this Court appoint conflict-free counsel.  
4. 
Assistant United States Attorney, Kara Wick, has been conferred with and, 
the government has no objection to this motion.  
Case 6:22-cr-00201-AGM-LHP     Document 24     Filed 12/19/22     Page 1 of 4 PageID 70

 
 
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5.  The undersigned is unable to confer with Mr. Edwards to advise him of the 
need to file this motion. Based upon her interaction with him on December 15, 2022, the 
undersigned does not believe an effective conversation could be had with Evan Edwards 
due to his nonverbal state. Mr. Edwards remains hospitalized. 
MEMORANDUM 
Local Rule 2.03(b) provides that no attorney shall withdraw as counsel without 
approval of the Court and notice to the defendant. The trial court’s decision to release 
counsel is an exercise of its discretion. United States v. Williams, 717 F.2d 473, 475 (9th 
Cir. 1983). 
Undersigned counsel is a member of the Florida Bar and such attorneys are bound 
by the ethical rules regulating the Florida Bar set forth in the Rules of Professional 
Conduct (“Rules”). The Sixth Amendment to the United States Constitution otherwise 
guarantees an accused the right to counsel. If the accused is indigent and wishes counsel, 
an attorney must be appointed. Gideon v. Wainwright, 372 U.S. 335 (1963). Certainly, 
Mr. Edwards wishes to be represented by an attorney. 
A defendant has the right to be represented by an attorney who is free from actual 
conflicts of interests between clients. Rule 4-1.7(a)(2) states that “a lawyer must not 
represent a client if there is a substantial risk that the representation of 1 or more clients 
will be materially limited by the lawyer’s responsibilities to another client, a former client 
or a third person or by a personal interest of the lawyer.” Rule 4-1.9 states, 
A lawyer who has formerly represented a client in a matter must not 
afterwards: 
(a) 
represent another person in the same or a substantially related 
matter in which that person’s interests are materially adverse to the interests 
of the former client unless the former client gives informed consent; 
(b) 
use information relating to the representation to the disadvantage of 
Case 6:22-cr-00201-AGM-LHP     Document 24     Filed 12/19/22     Page 2 of 4 PageID 71

 
 
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the former client. . . ; or 
(c) 
reveal information relating to the representation except as these 
rules would permit or require with respect to a client. 
Furthermore, Rule 4-1.10(a) requires all attorneys in a firm to be treated as 
one and the Office of the Federal Public Defender is treated as a firm. 
An attorney owes a client a duty to avoid conflicts of interest. Strickland  v. 
Washington, 466 U. S. 668, 104 S. Ct. 2052, 2064-65 (1984).  If a conflict arises, 
a lawyer shall not continue representation if the exercise of independent 
professional judgment on behalf of one client will be or is likely to be adversely 
affected by his representation of another client. Lightbourne v. Dugger, 829 F.2d 
1012, 1023, n.12. The comments to Rule 4-1.7 emphasize that loyalty is an 
essential element in a lawyer’s representation of a client. The comments also 
recognize that this duty of loyalty prohibits representation of a client which is 
directly adverse to another client’s interests, to include former clients. The 
comments state that, “Loyalty to a client is also impaired when a lawyer cannot 
consider, recommend, or carry out an appropriate course of action for the client 
because of the lawyer’s other responsibilities or interests.” Such a conflict is 
presented here that precludes the Federal Defender’s Office from continued 
representation of Mr. Edwards. 
 
 
WHEREFORE, undersigned counsel respectfully moves this Court to enter an 
order permitting the Federal Defender’s Office to withdraw due to a conflict of interest, to 
terminate future CM/ECF notifications to undersigned counsel concerning this case, and 
to appoint conflict-free CJA counsel to represent Mr. Edwards. 
Case 6:22-cr-00201-AGM-LHP     Document 24     Filed 12/19/22     Page 3 of 4 PageID 72

 
 
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Respectfully submitted this 19th day of December 2022. 
 
 
A. FITZGERALD HALL, ESQ. 
 
 
 
 
 
 
 
FEDERAL DEFENDER, MDFL 
 
/s/ Erin Brenna Hyde            
 
 
 
 
 
 
 
Erin Brenna Hyde, Esq.  
Florida Bar No. 0026248 
Federal Defender’s Office 
201 S. Orange Avenue, Suite 300 
Orlando, Florida 32801 
Telephone: 407-648-6338 
Facsimile: 407-648-6095 
E-Mail: erin_hyde@fd.org 
 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that undersigned electronically filed the foregoing with the 
Clerk of Court (CM/ECF) by using the CM/ECF system which will send a notice of 
electronic filing to Kara Wick, Assistant United States Attorney, this 19th day of December 
2022. 
             /s/ Erin Brenna Hyde           
                 
  Attorney for Defendant 
Case 6:22-cr-00201-AGM-LHP     Document 24     Filed 12/19/22     Page 4 of 4 PageID 73

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Original
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  1. Notice of Hearing (Status Conference 12/21/2022) — USA v. Edwards et al. (M.D. Fla.)same docket · 2022-12-19
  2. Order of Detention Pending Trial as to Evan Edwards — USA v. Edwards et al. (Dkt. 21, M.D. Fla.)same docket · 2022-12-16
  3. Order of Provisional Appointment of CJA — USA v. Edwards et al. (Dkt. 26, M.D. Fla.)same docket · 2022-12-20
  4. Transcript of Initial Appearance Hearing — United States v. Evan Edwards and Joshua Edwards (M.D. Fla. No. 6:22-cr-00201)same docket · 2022-12-15
  5. Status Conference Minutes, December 21, 2022 — USA v. Edwards et al. (M.D. Fla.)same docket · 2022-12-21
  6. Transcript of Status Conference as to Evan Edwards, Joshua Edwards — USA v. Edwards et al. (Dkt. 29, M.D. Fla.)same docket · 2022-12-23
  7. Initial Appearance Minutes, December 14, 2022 — USA v. Edwards et al. (M.D. Fla.)same docket · 2022-12-14
  8. Certificate of Interested Persons and Corporate Disclosure — USA v. Edwards et al. (M.D. Fla.)same docket · 2022-12-27
  9. Order as to Evan Edwards, Joshua Edwards — USA v. Edwards et al. (Dkt. 8, M.D. Fla.)same case · 2022-12-14
  10. Continued Initial Appearance / Competency Status Minutes, December 27, 2022 — USA v. Edwards et al. (M.D. Fla.)same case · 2022-12-27
  11. Order granting 2 Motion to Seal Indictment and Related Documents — USA v. Edwards et al. (Dkt. 3, M.D. Fla.)same case · 2022-12-07
  12. Notice of a Related Action by USA as to Evan Edwards — USA v. Edwards et al. (Dkt. 38, M.D. Fla.)same case · 2022-12-27
  13. Notice of possible conflict of interest by USA as to Evan Edwards — USA v. Edwards et al. (Dkt. 39, M.D. Fla.)same case · 2022-12-27
  14. Notice of Attorney Appearance, AUSA Kara Wicksame case · 2022-12-27
  15. Motion for Miscellaneous Relief, specifically Release of Medical Records — USA v. Edwards et al. (Dkt. 41, M.D. Fla.)same case · 2022-12-28
  16. Order granting 41 Joint Motion for Order Directing the Release — USA v. Edwards et al. (Dkt. 45, M.D. Fla.)same case · 2022-12-28
  17. Indictment — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards (M.D. Fla. No. 6:22-cr-00201)same docket · 2022-12-07
  18. Status Conference Minutes, December 28, 2022 — USA v. Edwards et al. (M.D. Fla.)same docket · 2022-12-28
  19. Notice of Maximum Penalty by USA as to Evan Edwards, Joshua Edwards re 20 Order — USA v. Edwards et al. (Dkt. 46, M.D. Fla.)same docket · 2022-12-30
  20. Status Conference Minutes re Health Status, January 4, 2023 — USA v. Edwards et al. (M.D. Fla.)same docket · 2023-01-04

Part of: USA v. Edwards et al · U.S. District Court for the Middle District of Florida · Other pandemic litigation · Criminal prosecutions · Motions · 2022 · Court filings

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