Campbell

I. BACKGROUND

On May 26, 1995, the police arrested Petitioner while he was attempting to burglarize a home. After he consented to a search of his vehicle, the police recovered jewelry and other personal property. A later search of Petitioner’s home resulted in the discovery of 239 items that had been reported stolen by individuals whose homes had been burglarized. Based on this evidence, the Santa Clara County District Attorney’s Office charged Petitioner with multiple counts of first-degree bur- glary and several counts of attempted burglary.

Petitioner retained attorney Maureen McCann to represent him, and McCann appeared on his behalf at the December 4, 1995, preliminary hearing. A month later, on January 9, 1996, McCann was herself arrested for attempting to transport 5448 CAMPBELL v. RICE methamphetamine into the San Martin Criminal Court Justice Facility. The Santa Clara County District Attorney’s Office charged her with one count of felony drug possession. On February 6, 1996, McCann was arraigned.

Petitioner’s trial commenced two days later. On the first day of trial, the court held a private in-chambers conference with McCann and the deputy…