United States Ninth Circuit

Denial of habeas relief from petitioner's conviction for conspiracy to commit murder, attempted murder with the use of a deadly weapon, and discharging a firearm out of a motor vehicle is affirmed in part and vacated in part where: 1) a trial court's denial of his motion to continue the trial did not violate the Sixth Amendment, and a state appellate court's rejection of such claim was neither contrary to, nor an unreasonable application of, federal law; but 2) a remand was required for an evidentiary hearing to determine whether his right to conflict-free counsel was violated.

Appellate Information

• Argued 02/14/2008
• Decided 07/22/2008
• Published 07/22/2008

Judges

• Before:  WILLIAM C. CANBY, JR., MILAN D. SMITH, JR., Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anne R. Traum, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• Rene L. Hulse, Senior Deputy Attorney General, Las Vegas, NV, for the respondent-appellee.