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Ellis Rubin Wants To Withdraw From Lionel Tate Case

Two Previous Lawyers Also Withdrew

POSTED: Monday, April 17, 2006

Lionel Tate's lawyer says his client won't follow his legal advice, so he has filed a motion to withdraw as the teen's attorney.

Ellis Rubin said Monday that his decision is based on irreconcilable differences between him and his client.

Two other lawyers have also withdrawn from the 19-year-old's case.

Previously, Rubin filed a motion asking for Tate to be declared incompetent based on a letter Tate had sent a judge asking to withdraw a guilty plea to robbing a pizza deliveryman in May 2005.

Rubin said last month that the letter and Tate's behavior indicates that he is not competent. If he changes his plea, Tate could risk life in prison instead of the 7- to 10-year sentence that would come with the plea agreement.

He has already admitted to possession of a firearm, and could face life in prison for that admission alone.

Tate is on probation for the 1999 killing of 6-year-old Tiffany Eunick when he was only 12. His lawyers initially claimed the killing was an accident caused when Tate imitated pro wrestling moves he'd seen on television.

Tate was the youngest person in modern U.S. history to receive a life sentence.

A hearing is scheduled on the Tate case Thursday.

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