W. Va. Court Orders Attorney to Respond to Client’s Claim

A West Virginia federal district court ordered the attorney for a criminal defendant to respond to allegations of ineffective assistance of counsel, but limited what could be disclosed.

The court grappled with whether it should order attorney Roger L. Lambert to respond to the allegation because of “the likelihood that a response will lead to the disclosure of confidential client communications,” Judge Cheryl A. Eifert wrote Sept. 17 for the U.S. District Court for the Southern District of West Virginia.

Anthony Cruz filed a motion to set aside his sentence because Lambert failed to file an appeal even though Cruz ...