Robert E. Morse v. State of Montana

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert E. MORSE, Petitioner-Appellant, v. STATE OF MONTANA, Respondent-Appellee. No. 89-35078. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1989. * Decided Dec. 12, 1989. 1 Before JAMES R. BROWNING and FLETCHER, Circuit Judges, and EDWARD C. REED, Jr., ** District Judge. 2 MEMORANDUM *** 3 Robert E. Morse, a Montana state prisoner, appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition based on a claim of ineffective assistance of counsel with the appeal of his state court conviction. We affirm. FACTS 4 Morse was convicted of solicitation to encourage or facilitate aggravated kidnapping and deliberate homicide. He appealed his conviction. Dissatisfied with trial counsel, Morse requested different counsel for his appeal. The court granted Morse's request and appointed John Keith to represent Morse on appeal. 5 Keith reviewed the transcripts of Morse's trial…