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ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PETITIONER’S MOTION FOR SUMMARY JUDGMENT AS TO CLAIM TWO

Before the court are the parties’ cross motions for summary judgment on Petitioner’s second claim for violation of his Sixth Amendment right to counsel. The court finds there is no genuine issue as to claim two, grants Respondent’s motion for summary judgment, and denies Petitioner’s motion for summary judgment.

I. SUMMARY OF PROCEEDINGS

Petitioner filed the instant Petition for Writ of Habeas Corpus on November 22, 1996. Petitioner asserts over thirty grounds for habeas corpus relief. The summary judgment motion and cross-motion only address claim two, in which Petitioner asserts that his trial attorney violated his Sixth Amendment right to counsel by advising Petitioner’s brother, William Gaynor, to cooperate with the prosecution’s investigation of the crimes charged against Petitioner, and by advising Petitioner’s mother, Joan Picha, not to testify at Petitioner’s trial. [Petition at 35-39; Memorandum in Support of Petition at 7-11.]

Respondent filed a Return on April 4, 1997, contending that several of Petitioner’s claims were unexhausted. Petitioner…