United States Ninth Circuit

A habeas petitioner's due process rights were violated when he was excluded from an in-chambers hearing on defense counsel's potential conflict of interest, and such violation was a structural error which was prejudicial per se.

Appellate Information

• Argued 12/15/2004
• Decided 09/04/2002
• Published 09/04/2002

Judges

• CLIFTON, Circuit Judge:, Before: SCHROEDER, Chief Judge, FERGUSON, REINHARDT, RYMER, KLEINFELD, SILVERMAN, GRABER, WARDLAW, GOULD, CLIFTON and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Howard M. Ullman (argued), Walter F. Brown, Jr., San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Peggy S. Ruffra (argued), John R. Vance, Jr., Office of the Attorney General, State of California, for the respondent-appellee.