David Ivy v. Warden Kenneth Nelsen

Summary

The United States District Court for the Western District of Tennessee grants David Ivy’s motions to remove his appointed counsel and appoint substitute counsel in his federal habeas proceeding. The court finds that the attorney-client relationship has irreparably broken down and that Ivy established good cause for substitution, but rejects his request for out-of-state counsel based solely on alleged professional ties between Tennessee federal defender offices. The court grants the motion to substitute counsel and states that a separate order will appoint qualified replacement counsel.

Holdings

1. Good cause existed to remove Ivy's appointed counsel and appoint replacement counsel because the attorney-client relationship had deteriorated and was irreparably broken, the appointment of new counsel was in the interests of justice, and the motion was not sought for purposes of delay.
2. The fact that the two federal defender offices were both located in Tennessee and professionally associated did not, by itself, create an apparent or actual conflict of interest requiring appointment of out-of-state counsel.

Questions Presented

1. Whether Ivy showed good cause for removal and substitution of his court-appointed habeas counsel.
2. Whether the professional association between the Federal Defender Services of East Tennessee and the Middle District of Tennessee Capital Habeas Unit created an apparent or actual conflict of interest requiring appointment of out-of-state counsel.

Disposition

other