Quashon Collins v. P.D. Brazelton

MEMORANDUM

Quashon Collins, a California state prisoner, appeals the district court’s denial of his petition for the writ of habeas corpus. We affirm.

1. The state court’s finding that the trial court adequately considered Collins’s second request for substitute counsel did not “result[ ] in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(2). A state court’s factual determination is only unreasonable “if it is so clearly incorrect that it would not be debatable among reasonable jurists.” Jef-fries v. Wood, 114 F.3d 1484, 1500 (9th Cir.1997) (internal quotation marks and citations omitted), overruled on other grounds by Gonzalez v. Arizona, 677 F.3d 383 , 389 n. 4 (9th Cir.2012) (en banc).

Collins does not dispute that the state court gave him a full hearing when he first asked for substitute counsel pursuant to People v. Marsden, 2 Cal.3d 118 , 84 Cal.Rptr. 156 , 465 P.2d 44 (1970). At that hearing, the court allowed Collins to explain why he wanted new counsel. Collins explained that he wanted counsel to request the personnel records of the undercover officer,…