Mario Garcia v. William Bunnell

Mario Mark Garcia is a California state prisoner serving a sentence of 33 years to life imposed upon his 1986 conviction on counts of first-degree murder and assault with a deadly weapon. He appeals the district court’s denial of his 28 U.S.C. § 2254 petition regarding his conviction.

In an ex parte hearing on the morning of trial, defense counsel Craig Holmes announced that he had accepted a position, to commence at the end of the trial, with the prosecution — the San Joaquin County District Attorney’s office. Garcia expressed reservations about proceeding, and the trial judge granted him a five-day continuance to seek advice from other attorneys and family members. After this hiatus, Garcia declared that he would accept Holmes’ representation. The trial proceeded, and the jury found Garcia guilty as charged.

After unsuccessful state appeals, Garcia petitioned for a writ of habeas corpus from the United States District Court for the Eastern District of California. He claimed that in obtaining his conviction the state violated his Sixth Amendment right to conflict-free representation. The magistrate judge conducted an evidentiary hearing regarding the potential conflict raised…