Adam Clayton Sutton v. Peggy L. Kernan

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Adam Clayton SUTTON, Petitioner-Appellant, v. Peggy L. KERNAN, Respondent-Appellee. No. 93-15751. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1994. * Decided May 25, 1994. 1 Before: FLETCHER and TROTT, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 California state prisoner Adam Clayton Sutton appeals pro se the denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for first degree murder. Sutton contends that: (1) the district court erred in ruling that substantial evidence existed to support the state court's finding of deliberation, premeditation, and motive for first degree murder within the meaning of California law; (2) he was denied his Sixth Amendment right to effective assistance of counsel when the state trial court refused to discharge his counsel and appoint a new one after Sutton brought a conflict of interest situation involving counsel…