United States Ninth Circuit

Denial of habeas relief from a conviction for first degree murder, attempted carjacking, and a weapons offense is reversed where, contrary to a state court's unreasonable application of constitutional law: 1) an in-camera hearing without petitioner present denied her right to the assistance of counsel; 2) the court also constitutionally erred in refusing to replace appointed counsel when the attorney-client relationship between him and petitioner had broken down; 3) she was denied her right to assistance of counsel by a refusal to have appointed counsel be replaced or assisted by another lawyer; and 4) the error was harmful.

Appellate Information

• Decided 12/19/2007
• Published 12/19/2007

Judges

• Before:  MARY M. SCHROEDER, HARRY PREGERSON, WARREN J. FERGUSON, JOHN T. NOONAN, SIDNEY R. THOMAS, BARRY G. SILVERMAN, W. FLETCHER, MARSHA S. BERZON, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis P. Riordan, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Gregory A. Ott, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.