Frank Byron Willard Davidson v. State of Oregon Manfred Maass, Superintendent, Oregon State Penitentiary

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Byron Willard DAVIDSON, Petitioner-Appellant, v. STATE OF OREGON; Manfred Maass, Superintendent, Oregon State Penitentiary, Respondents-Appellees. No. 93-35231. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 14, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Frank Byron Willard Davidson, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Davidson contends that he received ineffective assistance of counsel at trial because his attorney had a conflict of interest. We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and we affirm. 3 Davidson concedes that he procedurally defaulted on his ineffective assistance of counsel claim by failing to raise it in his post-conviction proceedings in state court. Because of this procedural default, "federal habeas review…