Motion to Compel Defense Counsel to Surrender the Case File in the Above Styled Action — USA v. Harun (Dkt. 51, S.D. Ga.)

Summary

Gladys Harun's pro se motion to compel defense counsel to surrender the case file, Document 51 filed January 24, 2025 in Case 3:23-cr-00003-DHB-BKE in the U.S. District Court for the Southern District of Georgia, asks the Court to order counsel to turn over the defendant's case and work files, including transcripts, discovery, court filings and correspondence. The motion states that the defendant intends to file a motion to vacate, set aside, or correct a sentence under 28 U.S.C 2255, and it names attorneys Mohammed S. Luwemba, Johnny Emmett Clyde Vines, Jimmy Thomas Howell and Dale Robert Busbee as the counsel to be compelled.

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Case 3:23-cr-00003-DHB-BKE     Document 51     Filed 01/24/25     Page 1 of 4
UNITED STATES DISTRICT COURT
IN THE

U.S DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

UNITED STATES OF AMERICA

JAN 24 2025
Plaintiit
Vv. FILED
Ginoys ttaaun -
Defendant Criminal Case No: oP 32% ----------

MOTION TO COMPEL DEFENSE COUNSEL TO SURRENDER THE CASE
FILE IN THE ABOVE STYLED ACTION TO THE DEFENDANT OF THIS
CASE

Comes now Petitioner, (Guady Haun: in Pro Se,

in necessity, and hereby moves this honorable court to issue

an order, Compelling Defense Counsels of record to surrender

the Case/Work File she /he created in representing the defendant
The defendant herby avers that the portions of her Case/Work file
that she has been denied by Defense Counsel of record, include
but are not limited to:

. Transcripts reviewed

All discovery available by standing order

All court filings, motions, responses, and orders.

. All other notes, letters, correspondence, plea agreements,
emails, and /or any other tangible thing associated with this

case.

PON Fe

the defendant hereby avers that she cintends to file a motion to
vacate, set aside, or correct a sentence pursuant to 28 U.S.C
2255. for such a motion to be timely, the defendant must file
within one year of her Criminal conviction becoming final, or
from other events according to statue. The records the defendant
seeks are necessary for preparation of such pleadings and are the
defendant's property. In support, the defendant shows the court
the court the folloeing:

1.) the defendant has made attempts to call and or has made
written requests to Defense counsel of record in hopes that he
would act professionally and responsibly by turning over the
Case/Work File of the defendant to her.

Jatetgdate, Defenge, Counsel has:-failed to surrender the ~¢2207+
Case 3:23-cr-00003-DHB-BKE     Document 51     Filed 01/24/25     Page 2 of 4
3. the defendant seeks the ACTIVE PROTECTION of this court
through a COURT ORDER directing Defense Counsel of record to
surrender the Case/Work files to the defendant.

4.) the court may order defense counsel to surrender the
defendant's Case/Work file. first the defendant is entitled

to the Case/Work file because it was createdduring the time
period that counsel represented the defendant. second, both

law and the American Bar Association recognize that counsel has

a duty not to obstruct the defendant's attempts to challenge

her conviction and /or sentence.. See ABA Standards for Criminal
Justice, Defense Functions Standards and commentary( The
resounding message is that defense attorneys because of their

intimate knowledge of the trial proceedings and their possession
of unique information regarding possible post-conviction claims,
have an obligation to cooperate with the client's attempt to
challenge their convictions.); United States v. Dorman, 58 M.J
295(C.A.A.F. 2003); Hiatt vs. Clark, Ky. No. 2005-SC-455-MR
(6/15/06). See also maxwell vs. florida, 479 U.S.992,93 L.Ed.
9d-418-420, 107-S.Ct. 474 (1986) (The right to effective counsel
assistance encompases the client's right to SEN age ab Be Ae po 2 a
obtain from trial counsel the work files generated during and
pertinent to that client's defense. It further entitles the
client to utilize materials contained in these files in any
proceeding at which the adequacy of trial counsel's representa-
tion may be challenged) Spivey v. Zant, 683F.2d 881.885 (5th

cir 1982)( Habeas corpus petitioner is entitled to former

trial attorneys file and the work product doctrine does not

apply to situations in which the client seeks access to documents
or other tangible things created during course of attorney's

representation.)

-- act

Wherefore now, above premises considered, the defendant, hereby
moves this honorable court to issue an order compelling the ~
following attorneys to surrender the complete Case/work files
to the defendant as pertains to defendant's criminal case,
furthermore , that counsels place these materials in large
envelopes, CLEARLY MARKED: "LEGAL MAIL, OPEN ONLY IN THE
PRESENCE OF THE INMATE" and mail the large package to:
Case 3:23-cr-00003-DHB-BKE     Document 51     Filed 01/24/25     Page 3 of 4
Petitioner moves this court to issue an order compelling
the following attorneys to surrender complete Case/Work files
to her:

1.) MOHAMMED S. LUWEMBA
LUWEMBA LAW LLC
2296 HENDERSON MILL ROAD
SUITE304
Atlanta GA 30345

2.) JOHNNY EMMETT CLYDE VINES
JOHNNY VINES, P.C
PO BOX 1422

METTER Ga 30439

3.) JIMMY THOMAS HOWELL
HOWELL LAW LLC
118 LEE ST
STATESBORO GA 30458

4.) DALE ROBERT BUSBEE
BUSBEE LAW GROUP LLC
8 EAST GRADY STREET
STATESBORO GA 30458

Kindly mail=the requested case/work files to:
GLADYS HARUN

FED NO: 09407510

Dorm: B1

FEDERAL PRISON CAMP

ONE GLEN RAY RD, BOX A

ALDERSON WV 24910

Done this on date------Vltl ltr...
Respectively submitted

Name: Gladys Harun

Fed No: 09407510
Case 3:23-cr-00003-DHB-BKE     Document 51     Filed 01/24/25     Page 4 of 4
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United States Court

600 James Brown BLVD
Southern District
Augusta, GA 29901
United States


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