United States v. Tillman, No. 13-10131 (9th Cir. 2014)
Annotate this CaseIn this interlocutory appeal John R. Grele and his former client, Markette Tillman, appealed an order removing him to the California State bar for disciplinary proceedings. The court concluded, under Flanagan v. United States, that it lacked jurisdiction over Tillman's claim where the removal order is nonfinal and not immediately appealable. Tillman has the opportunity to raise the issue on direct appeal. In regards to Grele's petition as to the sanctions order, the court concluded that mandamus jurisdiction is appropriate to consider the sanctions order, that the district court erred in imposing sanctions without notice and a hearing, and that the order should be vacated.
Court Description: Criminal Law. The panel dismissed criminal defendant Markette Tillman’s interlocutory appeal of an order removing John R. Grele as Tillman’s counsel, granted Grele’s mandamus petition challenging the district court’s order sanctioning Grele and referring him to the California State bar for disciplinary proceedings, and vacated the district court’s sanctions order. The panel held that under Flanagan v. United States, 465 U.S. 259 (1984), this court lacks jurisdiction over Tillman’s claim that counsel was improperly removed, where the removal order is nonfinal and not immediately appealable, and Tillman has the opportunity to raise this issue on direct appeal. The panel held that mandamus jurisdiction is appropriate to consider the sanctions order because it had an immediate impact on Grele and continues to affect his professional reputation as learned counsel in capital proceedings. The panel held that the district court erred in imposing sanctions without notice and a hearing, and that the order should be vacated.
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