State v. Denver Fenton Allen - Lowering the Bar

APPROVED

By franklandf at 9:54 am, Jun 20; 2016

PILED TNOPPICE

IN THE SUPERIOR COURT FOR %~Bc&fu?yP~~Sf??frro~ERK

STA'l'E Oli' GEORGIA

!::J'l'ATE0 7 GEORGIA

vs.

DENVERFENTONALLEN

FILE NO. 15CR02515-JFL003

Volume 1 of 1 Pages 1 through 20

COURT ADVISES DEFENDANT REGARDING REPRESENTATION BY PDBLIC DEFENDER ON DEFENDANT'S ORAL MO'l.'ION TO F.'THE HTS

ASSIGNED ATTO~NEY

TRANSCRIPT OF PROCEEDINGS

Before The Honorable J. BRYANT DURHN-~, JR., Superior Court. Judge, Rome, Georgia, on Fridt1y, June 17, 2016

A?PEJ\...RANCES OF COUNS.li:L:

For the State:

For the Defendant:

Luke Martin, Esq.

A::isis Urnt District

Attorney

3 Government Plaza, Suite 108

Rome, Georgia 30161

James C, Wyatt, ~sq. Conflict Public Defender l?. EnsL Fourth Avenue Rome, Georg ia 30 1 61

FA~ FP.ANKLi\N~,C.C,R.

OF'rICZ AL COURT IU:P:JK'l'~K

3 GOVCRNM~NTPLAZA, SUlT E 21e

"ROi,t,E1 IA 3Dlt1

1

1

[The Court adv.:..ses defendant regc1rding renresentation

2

by the public defender on defendant's

Lo oral motion

fire

3

his assigned attorney; Friday, June 17, 20J.6, at 2:08

4

p.m. ~-" open cour~:]

5

THE COURT: Okay. Mr.--Mr. Allen?

6

DEFENDANTALLF.N: Right.

7

THE CO,JRT: I believe that-I bel.:Leve your case is-

8

W3.S go.i.ng to be going to :.rial flo1?. this Monday but the

9

following Monday.

10

Okay. Do you understand

that?

11

MR. ALLEN: Yes. Uh-

12

THE COURT: Okay. I tell you if you needed to tell

13

mo something,

I want-I' 11 let you come up he.r:e to th e

14

podit,m so you can speak in t o t h e microphone,

.:.nd I can

15

hear you.

16

[The defendanL approached the podium.]

1.7

MR. ALLEN: Yes . The attcr n~y here, I'm wa nting to

18

:Eire him.

19

THE COURT : Uh-huh [affirmative].

20

MR.. ALLEN: And, you know, I don't fe e l like he's

21

doi ng any-

22

TEE COURT: Who a.re you goi ng to who ar:-e you go i nq

?3

t o hire?

24

MR. ALLE N : l' m no L going to hi re nob od y. I 'm goi ng

25

to t r y t o get. H. di ffere nt p ublic d e f e nd er .

1

THE COURT: There isn't-you-you

have a r~ght to an

2

c1ttorney_.

3

MR. ALLEN: This lawyer has-

'.I

'l'llE COURT: You do-n' t have a right to a specific

5

atlor?ney.

6

MR. ALLEN: This lawyer has made sexual advancements

7

on me. He-

8

Tllli COURT: Well-

9

MR. ALLEN: He's mis-misrepreRent.ing

my case. He

10

told me if-if I wanted him to do a good job, I had to let

11

him give me o~al sex. He's had doctors at Central State

1./,

Hospital put a false-

13

THE COURT: He's had doctors at Ccr.tral State

11

Hospital'f

15

MR. ALLEN: -put a false diagnosis

on me.

16

TEE COURT: Okay.

n

MR. ALLEN: Uh-

18

THE COURT: I don't-you

know, I know Mr. Wyatt pretty

19

well, and I don'~ think he h a s th e a bility to ma ke d o ctors

20

at Central State do c1nything.

2 )_

MR. ALLEN : Well, t h e y d id it , an d he 's th e one Lha t

22

h a d me sent down th e r e .

23

TH~ COUHT: Well, they may ha v e done it, but , don't

24

t hink he ha d an yt h ing to do wi th i t .

25

M,.q. l\.LLEN: l\.ll r i ght . Well 1 he won't give me the

3

1 2 3 4 5 6 7 8 9 10

11 12 13 14 15

)

16 17 18 J_9 20 21 22 23 24 25

\

discovery.

'I'HF. COURT: He-well, l'rn-

YL'Z. ALLEN : There's things in discovery

he's supposed

to give-he gave me the indictment

and told me that was

discovery.

'l'IE COURT: OJ ................
................

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