Gregory Tabarez v. Vernon Smith

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregory TABAREZ, Petitioner-Appellant, v. Vernon SMITH, et al., Respondents-Appellees. No. 93-15417. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 7, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gregory Tabarez, a California state prisoner, appeals the denial of his 28 U.S.C. Sec. 2254 habeas petition. Tabarez contends that his Sixth Amendment right to counsel was violated when the trial judge at his sentencing hearing denied a request for new counsel. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Chatman v. Marquez, 754 F.2d 1531, 1533-34 (9th Cir.), cert. denied, 474 U.S. 841 (1985), and affirm. 3 When a defendant or his defense counsel raises an objection regarding a possible conflict of interest, the trial court must conduct a timely inquiry into the propriety of the continued representation. Holloway v. Arkansas, 435…