Vickie G. Pometta v. Susan E. Poole, Warden, Warden, Ca Institution for Women

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vickie G. POMETTA, Petitioner-Appellant, v. Susan E. POOLE, Warden, Warden, CA Institution for Women, Respondent-Appellee. No. 91-16653. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1993. Decided May 5, 1993. 1 Before PREGERSON, and BEEZER, Circuit Judges, and Takasugi, District Judge * 2 MEMORANDUM ** 3 Vickie G. Pometta appeals the district court's denial of her petition for a writ of habeas corpus. Pometta claims she received ineffective assistance of counsel at her burglary trial due to a conflict of interest with her attorney. Because the district court applied the wrong standard for evaluating a timely raised motion for substitution of counsel based on a potential conflict of interest, we reverse. 4 * At the time Vickie Pometta was charged with residential burglary, charges were pending against her for access-card fraud. Joseph Flax was the court-appointed attorney for…