Counsel's Renewed Motion to Withdraw as Attorney — United States v. Edwards (M.D. Fla., Document 252)

Summary

Undersigned counsel's renewed motion to withdraw as defendant Joshua Edwards's attorney in United States v. Joshua Edwards, Case 6:22-cr-00201-WWB-LHP, Middle District of Florida, Orlando Division, filed by Andrew C. Searle. It states that irreconcilable differences continue to exist between counsel and client, that the Court entered an Order on March 31, 2025 adjudicating Mr. Edwards competent to stand trial, and that notice attempts on January 14, 2025 and January 16, 2025 were ultimately unsuccessful. It states that the government takes no position on the motion. It asks the Court to grant leave to withdraw and to hold a hearing so that further details can be provided in an ex parte fashion.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Counsel's Renewed Motion to Withdraw as Attorney — United States v. Edwards (M.D. Fla., Document 252).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-joshua-edwards-dkt-252-m-d-fla-588771f014/, SHA-256 3a018b220454c74a1f1a185650a69dc556672a8ae8f2a01ced94dd71dd1ea6bc.

Full text

Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 1 of 7 PageID 1576

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 6:22-cr-201-WWB-LHP
)
JOSHUA EDWARDS, )
)
Defendant. )
)

UNDERSIGNED COUNSEL’S RENEWED MOTION TO
WITHDRAW AS DEFENDANT JOSHUA EDWARDS’S ATTORNEY

The undersigned counsel for the Defendant, Joshua Edwards (“Mr.

Edwards”), hereby renews his previously filed motion to withdraw due to

irreconcilable differences that have become apparent to the undersigned in this

representation. In support thereof, the undersigned states as follows:

STATEMENT OF FACTS

A. Relevant Procedural History

On December 7, 2022, a federal grand jury returned an indictment charging

Mr. Edwards with various fraud offenses, in violation of 18 U.S.C. § 1344, 18 U.S.C.

§ 1349, 18 U.S.C. § 1014, and 18 U.S.C. § 1546. See Doc. 1.

On December 14, 2022, Mr. Edwards was arrested and had his initial

appearance before the Court. See Docs. 9, 14. At the initial appearance, prior
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 2 of 7 PageID 1577

defense counsel and the Court raised competency concerns with respect to Mr.

Edwards. Doc. 14 at 7-8. Before Mr. Edwards’s arraignment and a formal plea

was entered on his behalf, the Court ordered that the defendant remain in the

custody of the U.S. Marshals and appointed a local psychiatrist to conduct a

competency evaluation of Mr. Edwards. Doc. 14 at 8, 11; see also Doc. 19.

After a series of competency evaluations, the Court found on April 28, 2023

that Mr. Edwards was not competent to proceed, pursuant to 18 U.S.C. §§ 4241(d)

and 4247. See Docs. 69, 71, 72, 96, 97.

On or about January 25, 2024, the Bureau of Prisons (“BOP”) submitted to

the Court a forensic evaluation report, indicating that Mr. Edwards was fit to

proceed in the case. See Doc. 121. The BOP also submitted a certificate of

restoration of competency to stand trial for Mr. Edwards. See Doc. 123.

On February 8, 2024, at a status conference, the Court and the parties

addressed the BOP’s findings concerning Mr. Edwards’s competency status.

Docs. 124, 125. At this hearing, prior defense counsel informed the Court that Mr.

Edwards was contesting the BOP’s conclusion that he was now competent to

proceed in his case. Doc. 125. Based on the dispute between the parties

concerning Mr. Edwards’s mental fitness to stand trial, the Court set a competency

hearing for a future date. Id.

2
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 3 of 7 PageID 1578

On February 14, 2024, prior defense counsel filed a motion to withdraw as

Mr. Edwards’s attorney. Docs. 126-128.

On February 21, 2024, the Court held a hearing on prior defense counsel’s

motion to withdraw. Doc. 130. At this hearing, the Court granted the motion to

withdraw and appointed the undersigned to represent Mr. Edwards. Docs. 130,

131.

On April 2, 2024, the undersigned moved to withdraw as counsel, which the

Court denied following a hearing on April 8, 2024. Docs. 146-47, 150-51.

On July 10, 2024, the Court conducted a contested competency hearing in

this matter. See Docs. 209, 215.

On December 20, 2024, the Court issued a report and recommendation

(“R&R”). Docs. 242, 244. The R&R detailed some of the difficulties that both the

undersigned and prior defense counsel experienced in their attempts to

communicate with Mr. Edwards. Doc. 242. Specifically, the Court found that Mr.

Edwards is intentionally refusing to engage in any discussions related to his case

with the undersigned. Id. at 55-56.

On March 31, 2025, the Court entered an Order formally adopting the R&R

and adjudicating Mr. Edwards competent to stand trial. Doc. 251.

As previously noted in the undersigned’s original motion to withdraw,

irreconcilable differences arose between the undersigned and Mr. Edwards. Since

3
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 4 of 7 PageID 1579

the Court’s denial of the undersigned’s original motion to withdraw,

irreconcilable differences continue to exist between counsel and client, which the

undersigned believes ethically compel him to seek withdrawal at this time

pursuant to Rule 4-1.16 of the Rules Regulating the Florida Bar.

The undersigned counsel has conferred with Assistant United States

Attorney Amanda Daniels, who informed the undersigned that the government

takes no position on the instant motion.

MEMORANDUM OF LAW

The Middle District of Florida Local Rules provide, in relevant part:

If a lawyer appears, the lawyer cannot without leave of court abandon, or
withdraw from, the action.

(1) To withdraw, a lawyer:

(A) must notify each affected client fourteen days before
moving to withdraw unless the client consents to withdrawal, and

(B) must file a motion to withdraw that includes:

(i) a certification that the lawyer has provided fourteen days’
notice to the client or that the client consents to withdrawal . .

See Rule 2.02(c), M.D. Fla. Local Rules (emphasis added).

The undersigned has made diligent efforts to comply with the notice

requirement of Local Rule 2.02(c). Specifically, on January 14, 2025, the

undersigned sent Private Investigator Candi Eaton (“Investigator Eaton”) to the

Orange County Jail so that she could hand-deliver a copy of the R&R as well as a
4
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 5 of 7 PageID 1580

letter putting Mr. Edwards on notice of the undersigned’s intent to file the instant

motion to withdraw. Additionally, on January 16, 2025, the undersigned sent Mr.

Edwards, via certified mail, a copy of the R&R and another letter putting him on

notice of the undersigned’s intent to file a motion to withdraw. Both attempts to

provide notice to Mr. Edwards were ultimately unsuccessful. The undersigned

would prefer to provide further details as to the reasons why these attempts were

unsuccessful in an ex parte hearing, as these details provide further support for the

undersigned’s motion to withdraw.

The undersigned hereby renews his request to withdraw as Mr. Edwards’s

counsel. The Court has now found Mr. Edwards competent to proceed and the

undersigned has a good-faith belief that he is unable to render effective assistance

of counsel to Mr. Edwards based on the irreconcilable differences that exist

between client and counsel.

Granting the undersigned’s motion to withdraw at this time would not

unnecessarily delay the proceedings, as the only proceeding conducted in this case

to date has been the initial appearance that occurred on December 14, 2022. Mr.

Edwards has not yet been formally arraigned, no pretrial motions have been filed,

and no trial date has been set.

5
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 6 of 7 PageID 1581

CONCLUSION

WHEREFORE, the undersigned counsel, Andrew C. Searle, Esq.,

respectfully requests that this Court grant the undersigned leave to withdraw as

counsel for defendant Joshua Edwards and hold a hearing so that the undersigned

can provide further details to the Court in an ex parte fashion.

Respectfully submitted on this 31st day of March, 2025.

s/Andrew C. Searle
ANDREW C. SEARLE, ESQ.
Florida Bar No. 0116461
SEARLE LAW P.A.
200 East Robinson Street, Suite 1150
Orlando, Florida 32801
Telephone: 407-952-0642
Email: andrew@searle-law.com
Attorney for Defendant Joshua Edwards

6
Case 6:22-cr-00201-WWB-LHP Document 252 Filed 03/31/25 Page 7 of 7 PageID 1582

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on March 31, 2025, I filed a copy of the foregoing with

the Clerk of the Court via the CM/ECF system. I further certify that all parties to

this case are equipped to receive service of documents via that system.

File and source

File: 252.pdf
Size: 110,019 bytes
SHA-256: 3a018b220454c74a1f1a185650a69dc556672a8ae8f2a01ced94dd71dd1ea6bc
Our copy: 252.pdf
Original: No public link identified.