photo by: Kim Callahan/Journal-World

Murder defendant Rodney Marshall appears Wednesday, Sept. 10, 2025, in Douglas County District Court.

A double-homicide case that has been plagued by numerous delays will almost certainly be delayed again after a defense attorney withdrew just days before trial.

“My frustration level is extremely high,” Judge Amy Hanley told the defendant, Rodney Marshall, whose trial was set to begin Monday.

Details about the reason for attorney Cline Boone’s withdrawal were not discussed in court Wednesday, but Hanley said that she had had a “frank discussion” with Boone in chambers “regarding the defendant’s actions” and had determined there was an objective basis for Boone to withdraw.

photo by: Chris Conde/Journal-World

Attorney Cline Boone appears at a hearing on March 4, 2025, in Douglas County District Court.

In a motion filed Monday, Cline had stated that “the attorney client relationship is no longer viable.” In support of that, he cited two rules of professional responsibility that he said required counsel to withdraw — one where representation would result in the violation of the rules of professional conduct or other law; and one where representation involves a concurrent conflict of interest.

Without being specific, Hanley made it clear that the defendant’s behavior had led to the required withdrawal, noting that Marshall had gone through at least half a dozen appointed attorneys since he was charged three years ago with two counts of first-degree murder and numerous counts of attempted capital murder.

“There is a limit regarding the right to counsel,” she told Marshall. “It’s limited by your actions, your behavior and your choices.”

As soon as Hanley granted Cline’s motion to withdraw, he got up and quickly left the courtroom.

In January of this year, Marshall’s trial was delayed just days before it was set to begin to give defense attorneys more time to review evidence. That delay was on the heels of Marshall filing a handwritten motion asking Hanley to fire his counsel, as the Journal-World reported.

Hanley continued the trial to March 31, but that setting was also delayed by six months after the defense failed to secure a medical expert in time. Prior to that continuance, Matthew Cohen, Marshall’s other attorney, had expressed a desire to withdraw from the case, citing the difficulty of preparing adequately under the circumstances.

In February of 2023, two of Marshall’s previous defense attorneys were allowed to withdraw after Marshall reportedly instigated a physical altercation with them at the jail, as the Journal-World reported.

Noting the number and severity level of the charges against Marshall, Hanley said he would require two attorneys to ensure his rights were protected, but she said it would be something of a “miracle” if she could find a qualified attorney who would be prepared to begin jury selection with Cohen on Monday.

She did not rule out the possibility, however, saying she would make calls Wednesday and let the parties know the status of the matter by noon Thursday.

“We’ll see how fast my calls are returned,” she said.

The prosecution lineup has also changed after the abrupt departure of Deputy District Attorney David Greenwald at the end of August. Senior Assistant District Attorney David Melton will now take the lead for the state with Senior Assistant DA Ricardo Leal as second chair.

Melton said the state was ready to proceed to trial on Monday but understood that a delay would be likely.

Marshall has been in custody since his arrest on a $1.5 million bond. He is alleged to have shot Shelby McCoy, 52, at 1115 Tennessee St. before driving across town on a moped to shoot William D. O’Brien, 43, of Lawrence, at 325 Northwood Lane on July 31, 2022. After the shootings, police staked out Marshall’s residence in central Lawrence, and when he tried to leave the home, he led police on a chase while allegedly firing a pistol out of his window that ended on Kansas Highway 10 near Eudora, as the Journal-World reported.

photo by: Kim Callahan/Journal-World

Attorney Matthew Cohen, center, is pictured with his client, Rodney Marshall, left, and co-counsel Cline Boone, seated, on Wednesday, Sept. 10, 2025, in Douglas County District Court. Boone was allowed to withdraw Wednesday.