Gary Watts v. Craig Farwell

MEMORANDUM

Defendant Gary Gene Watts, a Nevada state prisoner, appeals the denial of his habeas corpus petition challenging his conviction by guilty plea for three counts of sexual assault of a minor. We review de novo, Tilcock v. Budge, 538 F.3d 1138, 1143 (9th Cir.2008), cert. denied, -U.S. -, 129 S.Ct. 926 , 173 L.Ed.2d 132 (2009), but habeas relief is warranted only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law[] as determined by the Supreme Court,” or resulted in “an unreasonable determination of facts in light of the evidence presented in the State court proceeding[s],” 28 U.S.C. § 2254 (d)(l)(2); Williams v. Taylor, 529 U.S. 362, 407-09 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

Defendant failed to demonstrate an actual conflict of interest. He points to no evidence, and the record contains none, that his counsel’s alleged conflicts “actually affected the adequacy of his representation.” Cuyler v. Sullivan, 446 U.S. 335, 348-49 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980). Therefore, Defendant’s Sixth Amendment right to counsel was not violated.

Defendant has abandoned or waived the issue of…