United States Ninth Circuit

An order denying a petition for a writ of habeas corpus in a second degree murder case is vacated and remanded for an evidentiary hearing to determine whether defendant's right to conflict-free counsel was violated by his trial counsel's cross-examination of a prosecution witness who had been his client.

Appellate Information

• Argued 02/16/2006
• Decided 08/09/2006
• Published 08/09/2006

Judges

• ALARCÓN, Circuit Judge., Before ARTHUR L. ALARCÓN and M. MARGARET McKEOWN, Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• John M. Warwick, Office of Attorney General, Criminal Justice Division, Carson City, NV, for the respondents-appellees.