No. 19-6024

Kenneth Allen Rogers v. California

Lower Court: California
Docketed: 2019-09-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-client-relationship civil-rights criminal-procedure due-process fiduciary-duty legal-representation pre-trial-motion property-rights retainer-fee sixth-amendment
Key Terms:
ERISA DueProcess
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether the State of California's denial of legal representation at a pre-trial motion deprived the petitioner of a fundamental right

Question Presented (from Petition)

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

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-11-04
Waiver of right of respondent California to respond filed.
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)
2019-07-22
Application (19A86) granted by Justice Kagan extending the time to file until October 19, 2019.
2019-07-13
Application (19A86) to extend the time to file a petition for a writ of certiorari from August 20, 2019 to October 19, 2019, submitted to Justice Kagan.

Attorneys

California
Bruce Louis OrtegaCalifornia Department of Justice, Attorney General's Office, Respondent
Bruce Louis OrtegaCalifornia Department of Justice, Attorney General's Office, Respondent
Kenneth Allen Rogers
Kenneth Rogers — Petitioner
Kenneth Rogers — Petitioner