Charles Bland, Jr. v. California Department of Corrections Attorney General of the State of California

Caution
20 F.3d 1469·94 Daily Journal DAR 4595·1994 WL 111488·1994 U.S. App. LEXIS 6463·94 Cal. Daily Op. Serv. 2411
United States Court of Appeals for the Ninth CircuitApril 6, 199493-55766California5,679 words

Opinion

Opinion

Nelson, J.

I

OVERVIEW

The Director of the California Department of Corrections and the Attorney General of the State of California (collectively referred to as the “State”) appeal the district court’s grant of Charles Bland’s (Bland) habeas petition; The district court concluded that the state trial court denied Bland his Sixth Amendment right to obtain counsel of his choice. We affirm.

II

FACTS AND PROCEDURAL HISTORY

On February 4, 1987, three men in . a blue and white Suzuki Jeep drove past a group of people standing at a bus stop in Inglewood, California. The men in the jeep were members of the street gang, the Cripps. Some of the people at the bus stop were members of the rival gang, the Bloods. One of the men in- the jeep fired several shots into the group, wounding a bystander. A number of the eyewitnesses identified the driver as Dazarri Waller and the shooter as Shawn Gascon (also spelled Gaskin). The third occupant was subsequently identified as Darren Wan-namaker.

Inglewood Police Detectives, Russell Eny-eart and Stephen Young, were dispatched to the scene where they met Officer Rick Clark who had obtained statements from the witnesses. Based upon these statements, warrants…

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