Harvey Mack Leonard v. Eddie Ylst Dan Lungren

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harvey Mack LEONARD, Petitioner-Appellant, v. Eddie YLST; Dan Lungren, Respondents-Appellees. No. 93-16195. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1994. * Decided April 29, 1994. Before: GOODWIN, NORRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Harvey Leonard petitions for writ of habeas corpus under 28 U.S.C. Sec. 2254 . A California jury found him guilty of forcible rape, penetration of a rape victim by a foreign object, and unlawful sexual intercourse with a person under 18 years old. The district court dismissed Leonard's petition. We affirm. 3 * Leonard asserts that he was denied effective assistance of counsel at trial because the trial court failed to grant a renewed Marsden motion seeking substitution of counsel. We disagree. 4 First, Leonard filed his renewed Marsden motion immediately before trial. It was appropriate for the court to deny the motion when made at such…