Anh Nguyen v. Timothy Wingler

MEMORANDUM

Appellant Anh Vu Nguyen (Nguyen) challenges the district court’s denial of his habeas petition. Nguyen contends that his constitutional rights were violated when he was excluded from an in-chambers conference discussing a possible conflict of interest between his attorney and a potential state witness. Nguyen also argues that he was denied due process, a fair trial, and the right to present evidence, when the trial court did not allow him to call a toxicologist to testify that the victim was under the influence of drugs and to establish his self-defense claim. In addition, Nguyen asserts that the trial court erred by not giving a self-defense instruction. Nguyen further advances an ineffective assistance of counsel claim based on his attorney’s failure to propose Washington Pattern Instruction, Criminal (WPIC) 19.01, which describes defenses to felony murder. Finally, Nguyen argues that the cumulation of errors warrants relief.

1. The Washington Court of Appeals’ determination that no Sixth Amendment violation occurred when Nguyen was excluded from an in-chambers conference was not contrary to, or an unreasonable application of, clearly established federal law.…