Motion,Ex Parte: PAIGE

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                                Filing # 32729346 E-Filed 10/01/2015 02:18:32 PM

IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
CRIMINAL DIVISION “B”

STATE OF FLORIDA, CASE NO. 15M0001382AMB
vs.
PAIGE M. JACKSON,

Defendant.

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MOTION TO WITHDRAW AND APPOINT THE OFFICE OF REGIONAL COUNSEL

The Office of the Public Defender of the Fifteenth Judicial Circuit, pursuant to §27.5303,
Fiorida Statutes (2009), moves to withdraw and to appoint conflict-free counsel, stating:

1. The Defendant has been declared indigent.

2. The Office of the Public Defender has a substantial and continuing conflict of interest
precluding it from continuing to represent the Defendant, who is the alleged victim in a case
where we represent the Defendant. This is an actual conflict of interest, where the interest of the
accused cannot be counseled by the Public Defender or her staff. See Hope v. State, 654 So.2d

639 (Fla. 4° DCA 1995), Valle v. State, 763 so.2d 1175 (Fla. 4° DCA 2000); Moore v. State,

707 0294 9Nc cet, ALANA QON1N
10/ 90.20 205 Wild. 4 DUA ZuUL).

3. This motion to withdraw is compelled by the Sixth Amendment to the United States
Constitution: “[A] lawyer representing clients with conflicting interests cannot provide the
adequate assistance required by [the Sixth] amendment. Holloway v. Arkansas, 435 U.S. 475
(1978). Bouie v. State, 559 So.2d 1113, 1115 (Fla. 1990).

4. Denial of this motion would violate the Defendant’s rights to effective assistance of
counsel, to present a defense, to compulsory process, to confront the evidence against him, to

cross examine witnesses. to due nrocess. to eaual nrotection of the laws. and against comnulsorv
eee cence ee es ee Pees, nO ee prosec sass OL ATE TES; SRG Soauis: COs

FILED: PALM BEACH COUNTY, SHARON R. BOCK, CLERK, 10/01/2015 02:18:32 PMState v. PAIGE M. JACKSON
Case No. 15MO001382AMB
MOTION TO WITHDRAW AND APPOINT THE OFFICE OF REGIONAL COUNSEL

Page 2
self-incrimination, as guaranteed by the Fourth, Fifth, Sixth, Eighth and Fourteenth

Amendments to the United States Constitution and Article I, Sections 9, 16, 17, 21 and 22 of the

Florida Constitution.

  

WHEREFORE, the Pubiic Defender or her designee approves this motion and the

Defendant respectfully requests this Court to grant this motion to withdraw.

Respectfully submitted,

Caney cara
CAREY MAUUGWUUL

Public Defender, 15" Judicial Circuit
421 3rd Street

West Palm Beach, FL 33401
Telephone: (561) 355-7500

Sian \ Ne
wee) dy 7 NL

Michael Dueker
Assistant Public Defender
Florida Bar No.: 0106922State v. PAIGE M. JACKSON
Case No. 15MO001382AMB
MOTION TO WITHDRAW AND APPOINT THE OFFICE OF REGIONAL COUNSEL

Page 3

CERTIFICATE OF SERVICE

 

that a true and correct copy hereof has been emailed to , Assistant
State Attorney, Division “B”, 401 N. Dixie Highway, West Palm Beach, FL 33401 to the

following email address CCDIVB@SA15.ORG on this day of October, 2015.
Sra. rv. Nn
aH) LYN

Michael Dueker

Assistant Public Defender