Kevin F. McCoy
Asst. Federal Defender
FEDERAL PUBLIC DEFENDER AGENCY
510 L Street, Suite 400
Anchorage, Alaska 99501
(907) 271-2277
Attorney for Defendant
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA, )
)
Plaintiff/Appellee, ) CASE NO. xxxxxxxxxxxxxxxxxx
)
vs. )
) EX PARTE APPLICATION FOR
xxxxxxxxxxxxxxxxxxxxxx, ) WRIT OF HABEAS CORPUS
) (FILED UNDER SEAL)
Defendant/Appellant. )
____________________________________)
xxxxxxxxxx, IV., through counsel, hereby moves this court for an directing that the clerk of court issue an ex parte Writ of Habeas Corpus to the United States Marshal's Service to bring him before this court on the 30th day of August, 1993, at 9:30 am. Mr. xxxxxxxx presence in Anchorage is required because an evidentiary hearing has been scheduled for August 30, 1993 at 9:30 a.m. on his 28 U.S.C. 2255 petition. Mr. xxxxxxx may offer testimony at this evidentiary hearing.
Mr. xxxxxxx further requests that he be transported to Anchorage, Alaska, on or before August 27, 1993, so that he will have an opportunity to consult with counsel prior to the evidentiary hearing.
This request is based upon the affidavit of counsel filed herewith.
Dated at Anchorage, Alaska this ____ day of August, 1993.
FEDERAL PUBLIC DEFENDER
______________________________
KEVIN F. McCOY
Assistant Federal Defender
Kevin F. McCoy
Asst. Federal Defender
FEDERAL PUBLIC DEFENDER AGENCY
510 L Street, Suite 400
Anchorage, Alaska 99501
(907) 271-2277
Attorney for Defendant
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
UNITED STATES OF AMERICA, )
)
Plaintiff/Appellee, ) CASE NO. xxxxxxxxxxxxxxxxx
)
vs. )
) AFFIDAVIT OF COUNSEL RE:
xxxxxxx xxxxxx xxxxxxx, ) EX PARTE APPLICATION FOR
) WRIT OF HABEAS CORPUS
Defendant/Appellant. )
____________________________________) (FILED UNDER SEAL)
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
Kevin F. McCoy, being first duly sworn upon oath, deposes and says as follows:
1. I am the attorney for xxxxxxx xxxxxx xxxxxxx, IV.
2. Mr. xxxxxxx has filed a motion to vacate his conviction pursuant to 28 U.S.C. 2255. He alleges that his conviction is constitutionally infirm because he was denied his Sixth Amendment right to effective assistance of counsel.
3. An evidentiary hearing has been scheduled on this motion for August 30, 1993 at 9:30 am. Mr. xxxxxxx may offer testimony at this evidentiary hearing.
4. Mr. xxxxxxx is presently incarcerated at F.C.I. Sheridan in Sheridan, Oregon. His inmate registration number is xxxxxxxxx.
5. Given the allegations made in the petition and the potential that Mr. xxxxxxx may offer testimony regarding these allegation, it is my request that he be transported to Anchorage in a fashion that will allow me to consult with him in person prior to the hearing and which will allow him to be physically present at the hearing.
6. Accordingly, on Mr. xxxxxxx' behalf I would respectfully request that this court issue an ex parte writ of habeas corpus directing that the U.S. Marshal's office transport Mr. xxxxxxx to Anchorage, Alaska on or before August 27, 1993, and that he be brought to U.S. District Court in Anchorage on August 30, 1993, for the evidentiary hearing on his 28 U.S.C. 2255 motion.
FURTHER YOUR AFFIANT SAYETH NAUGHT
_______________________________
KEVIN F. MCCOY
Subscribed and sworn to before me this _____ day of August, 1993.
_________________________________
NOTARY PUBLIC IN AND FOR ALASKA
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