Gary E. Thomas v. George Deeds

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary E. THOMAS, Petitioner-Appellant, v. George DEEDS, et al., Respondent-Appellee. No. 92-15927. United States Court of Appeals, Ninth Circuit. Submitted May 11, 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. 4 I. Conflict of Interest and Evidentiary Hearing 5 Thomas has failed to demonstrate that an actual conflict affected the performance of his trial counsel. Morris v. California, 945 F.2d 1456, 1462 (9th Cir.1991). Thomas does not suggest, and nothing in the record reveals, that defense counsel either presented any evidence adverse to Thomas, or failed to present any evidence that would have exculpated Thomas, because of a conflict of interest between Eppenger's and Thomas's defenses. 6 There was no dispute of fact requiring a hearing. All but one…