Lopez v. United States
- Katherine Failla
- 1:21-cv-01858
- U.S. District Court · Southern District of New York
- 8
In Lopez v. United States, Judge Failla appointed counsel to help Lopez with his post-conviction motion because his criminal case file was missing.
Gibron Lopez is affected because the court ordered that counsel be appointed to help him obtain documents and prepare his § 2255 motion. The appointed Criminal Justice Act panel attorney will provide that assistance.
What happened
Lopez v. United States concerned Gibron Lopez’s request for help with a motion filed under 28 U.S.C. § 2255. The court found that the loss of the file from his underlying criminal case created a complex issue and would make it harder for him to investigate and present his case.
The court directed its Criminal Justice Act clerk to find an available panel attorney without a conflict to represent Lopez. The attorney will help him obtain relevant documents and prepare his § 2255 motion. The court also enclosed a copy of that motion, as Lopez requested.
Judge Katherine Polk Failla ordered the appointment of counsel and related administrative steps. This order did not decide the merits of Lopez’s § 2255 motion or whether he should receive relief.
The detailed version
- Lopez v. United States · No. 1:21-cv-01858
- Katherine Failla
- Mar. 3, 2021
Background
The court received Gibron Lopez’s letters dated February 21, 2021, and his motion under 28 U.S.C. § 2255. The opinion addresses his request for appointed counsel; it does not decide the underlying § 2255 motion.
Legal standard
The court stated that a person does not have a constitutional right to counsel in a proceeding under § 2255. However, the Criminal Justice Act permits appointment of counsel for an indigent person in such a proceeding when the interests of justice require it. The court explained that the relevant considerations include the likelihood of success, the complexity of the legal issues, and the person’s ability to investigate and present the case.
Court’s reasoning
The court found that the loss of the case file from Lopez’s underlying criminal case raised a complex issue that would significantly hinder his ability to investigate and present his case. Appointed counsel would help identify and produce the most relevant documents from the missing file and assist Lopez in investigating and presenting his case. The court therefore found appointment of counsel justified.
Order
The court directed the Criminal Justice Act clerk to identify a panel member with an upcoming duty day who had no conflict in representing Lopez. That attorney was to be appointed to assist Lopez, as appropriate, in obtaining relevant documentation from his case file and preparing his § 2255 motion. The court also enclosed a copy of Lopez’s recent § 2255 motion, as he had requested. The order did not grant or deny the § 2255 motion and did not resolve its merits.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.