After a complaint to a state board and a judge denying a motion to withdraw, Cortez Sims and his attorney will ask in court again today to be allowed to part ways before his September trial.
Through attorney Brandy Spurgin-Floyd, Sims asked for permission to appeal Criminal Court Judge Barry Steelman's decision to keep them together, according to a motion filed late Friday.
At issue is Steelman's order refusing to let Sims switch attorneys within 60 days of his Sept. 27 trial. Police say Sims, then 17, killed one and injured three in a College Hill Courts shooting in January 2015.
Sims, now 19, set the ball rolling earlier this month when he said he wanted to fire Spurgin-Floyd, citing her inexperience, and she filed a motion asking to get off the case. Steelman gave Sims two weeks to find another lawyer who would be ready by Sept. 27.
At the next hearing, Steelman asked Sims to write down specific problems he had with Spurgin-Floyd's representation. Sims couldn't do so, and Steelman denied his request for a new attorney. The judge has expressed concern about how many attorneys a defendant is entitled to have.
It hasn't been mentioned in open court, but participants in the Sims case are aware of another Hamilton County murder defendant, Christopher Padgett, who is on his fifth attorney since he was accused in a 2012 slaying.
The latest motion reiterates a arguments Spurgin-Floyd already has made in open court - primarily, that effective communication had evaporated between her and Sims.
"The last several occasions the communication has been impossibly strained because the defendant has repeatedly grilled the defense counsel," the motion states.
It's not unusual for attorneys and clients to tangle. But, as Steelman pointed out in one hearing, Sims never raised concerns with Spurgin-Floyd, his attorney for more than a year, until roughly 60 days before his trial date.
Spurgin-Floyd's motion countered that Sims' complaint wasn't made at the last minute, on the eve of trial, which the judge easily could deny, but well in advance.
The motion also states that prosecutors promised to put on proof that a delayed trial date would harm the state's case. On Friday, Spurgin-Floyd said she wasn't sure what that proof was.
A spokeswoman for the Hamilton County District Attorney's Office said prosecutors would not comment on a pending case.
But if anything, the motion states, Steelman's court delayed the case when it took the issue under advisement for two weeks, allowed Sims to search for a new lawyer, and said Spurgin-Floyd didn't have to do any further work on the case except provide information to prosecutors about an alibi and an insanity defense.
Steelman could not be reached for comment Friday afternoon. But attorneys have agreed to address Spurgin-Floyd's motion at 9 a.m. today in his courtroom.
It's unclear what will happen next.
Attorneys are scheduled to address a number of outstanding issues Thursday. Among them are whether a black hoodie with gunshot residue and a victim's identification of Sims as the shooter should be excluded from evidence.
Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow on Twitter @zackpeterson918.