Michael Kevin Riley v. Samuel Lewis, Director, Adoc

996 F.2d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael Kevin RILEY, Petitioner-Appellant, v. Samuel LEWIS, Director, ADOC, Respondent-Appellee. No. 92-16137. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided June 25, 1993. 1 Before: BROWNING, and CANBY, Circuit Judges, and KELLEHER, ** District Judge 2 MEMORANDUM *** 3 The parties are familiar with the facts and issues and we will not restate them here. 4 * We reject Riley's contention that we should presume he was prejudiced by his attorney's failure to object when the jury was exposed to inadmissible evidence of a prior conviction. This is not a case in which the defendant was denied the presence of counsel at a critical stage of the proceedings nor one in which, "based on the actual conduct of the trial, [ ] there was a breakdown in the adversarial process that would justify a presumption that [defendant's] conviction was insufficiently reliable to satisfy the Constitution."…