Kenneth Allen Rogers v. California
ERISA DueProcess
Whether the State of California's denial of legal representation at a pre-trial motion deprived the petitioner of a fundamental right
QUESTIONS PRESENTED FOR REVIEW The State of California denial of legal representation at a pre-trial motion of the People requiring a hearing that if retained legal counsel did not continue to represent petitioner then retained legal counsel must account for the advance retainer paid of $128,500.00 so that petitioner could retain new legal counsel of his choice deprived petitioner of a fundamental right. A criminal defendant had an absolute right toarefund: — , _,' upon retained legal counsel’s withdrawing from legal representation as said fiduciary relationship puts into place undivided loyalty superimposes onto the attorney-client relationship, which prevents said conduct. , California violated petitioner’s rights to fundamental fairness when the trial court never held a hearing regarding retained legal counsel’s acquiring a property interest in petitioner’s property, $128,500.00 retainer which defense counsel asserted was nonrefundable and that the client could not contest the withdrawal. The State of California and its administrative agency the State Bar of California have deprivedpetitioner of the nature of the attorney-client relationship that requires a ~ unique fiduciary duty toward a criminal defendant ,"giving counsel" which is imputed with ultimate trust and confidence to avoiding conflicts of interest, operating competently, safeguarding client property. The State of California approves of criminal defense counsels stealing of petitioner's property to prevent petitioner from any ability to retain legal counsel of his choice,in violation of petitioner’s Sixth Amendment Rights to legal counsel of his choice. Petition for Writ of Certiorari Page 2