Jesse Dawkins v. Roger W. Crist, Warden, Arizona State Prison

Good Law
980 F.2d 736·1992 WL 355518·1992 U.S. App. LEXIS 35463
United States Court of Appeals for the Ninth CircuitDecember 2, 199292-15357California989 words

Opinion

Opinion

980 F.2d 736 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jesse DAWKINS, Petitioner-Appellant, v. Roger W. CRIST, Warden, Arizona State Prison; et al., Respondents-Appellees. No. 92-15357. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Dec. 2, 1992. Before SCHROEDER, FLETCHER and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Jesse Dawkins, an Arizona state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his 1972 conviction for rape. He contends the district erred in failing to conduct an evidentiary hearing on his claim of ineffective assistance of counsel. He claims he was denied the effective assistance of counsel because: (1) his trial counsel also represented a codefendant at his plea hearing, thereby creating a conflict of interest; and (2) his trial counsel failed to offer mitigating evidence during the sentencing phase of his trial. He also contends that the state court…

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