Judge Permits Defense Attorney Withdrawal in Murder Case

The Washington court granted an attorney's request to exit a homicide case just weeks before the trial start date.

Updated on Oct. 26, 2026 in Violence

Judge Permits Defense Attorney Withdrawal in Murder Case

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Should courts prioritize rapid trial dates over allowing defendants to change their legal counsel?

Judge Danya Dayson authorized attorney Terrence Austin to withdraw from representing Joshua Franklin in a first-degree murder trial. The request followed Austin accepting new employment that created a conflict of interest.

Why it matters

The change in counsel follows concerns over attorney qualifications, as the court must ensure the defense team can manage the complex homicide case. The proceedings are further complicated by the upcoming trial date and the recent death of the victim's mother.

Joshua Franklin faces charges of first-degree murder while armed and related firearm offenses. The court has ordered Public Defender Services to appoint two attorneys capable of handling the trial independently.

The players

Danya Dayson

She is a judge at the DC Superior Court who presided over the hearing regarding the defense counsel withdrawal.

Joshua Franklin

The 41-year-old defendant stands accused of first-degree murder while armed and various firearm-related crimes.

Terrence Austin

He is the former attorney for the defendant who successfully petitioned the court to withdraw due to a new employment conflict.

Mani Golzari

He is an attorney who will now represent the defendant and raised concerns regarding the qualifications of previous counsel.

Andrew Session

The 27-year-old victim was killed in a 2021 shooting incident that serves as the basis for the current criminal prosecution.

The details

Austin filed his motion to withdraw on October 15 after his new employer declined to accept the case. Mani Golzari has since taken over the representation of Franklin after noting that the previously assigned attorney, Emma Mlyniec, lacked the required training for homicide proceedings.

January 21, 2021: Andrew Session was killed in a shooting in the 4400 block of 3rd Street, SE.
September 24, 2026: Terrence Austin informed Public Defender Services of his departure.
October 15, 2026: Austin filed a formal motion to withdraw from the homicide case.
October 21, 2026: Judge Danya Dayson granted the motion to withdraw during a court hearing.
November 2, 2026: The homicide trial for Joshua Franklin is currently scheduled to begin.

Legal Context

This case highlights the stringent qualification requirements for defense attorneys handling capital or high-stakes homicide charges in the District. The shift in counsel reflects ongoing judicial efforts to uphold constitutional standards for effective assistance of counsel.

The ongoing homicide proceedings maintain a focus on local safety and the judicial process in the 4400 block area. Residents should anticipate potential court-related activity in the coming weeks as the trial moves toward its scheduled start.

The takeaway

Changes in legal representation shortly before a trial date are often subject to strict judicial review to prevent unnecessary delays in the justice system. Defendants and their families should be aware that the court prioritizes the availability of specialized counsel to ensure a fair trial process.

What happens next

Parties are scheduled to reconvene on October 23, 2026, to discuss whether the defense and prosecution are prepared to proceed with the trial on November 2.