USA v. Farris

3:18-cr-00099NcwdAug 31, 2022

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-CR-00099-RJC-DCK
THIS MATTER is before the Court on the defendant’s renewed Motion to
Compel, (Doc. No. 194), and Motion to Show Cause, (Doc. No. 195).
The defendant asks the Court to compel his former lawyer, Roderick Glenn
Davis, “to release all case files in his possession” to the defendant. (Doc. No. 194:
Motion at 1). “Under N.C. Rules of Prof’l Conduct R. 1.16(d), ‘[u]pon termination of
representation, a lawyer shall takes [sic] steps to the extent reasonably practicable
to protect a client’s interests, such as ... surrendering papers and property to which
the client is entitled.” United States v. Barefoot, 609 F. App’x 157, 158 (4th Cir.
2015) (citing United States v. Basham, 789 F.3d 358, 388 (4th Cir. 2015)).
However, under this District’s Standard Discovery Order, a defendant is not
entitled to retain documents produced by the government after disposition of the
case. (Order at ¶ 23, March 30, 2018).
IT IS, THEREFORE, ORDERED that former counsel, Roderick Glenn Davis,
shall file a response to the Motion to Compel within fourteen (14) days of the entry
of this Order stating whether he retains papers and property to which the
defendant is entitled.
USA )
)
v. ) ORDER
)
GARLIN RAYMOND FARRIS )
)
Case 3:18-cr-00099-MOC-DCK Document 198 Filed 08/31/22 Page 1 of 2
2
The Clerk is directed to certify copies of this order to Mr. Davis, the
defendant, and the United States Attorney.
Signed: August 31, 2022
Case 3:18-cr-00099-MOC-DCK Document 198 Filed 08/31/22 Page 2 of 2

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