Robert Hatley McCrary v. William Duncan, Warden

53 F.3d 338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Hatley McCRARY, Petitioner-Appellant, v. William DUNCAN, Warden, Respondent-Appellee. No. 94-16399. United States Court of Appeals, Ninth Circuit. Submitted April 19, 1995. * Decided April 28, 1995. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Hatley McCrary, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree burglary and misdemeanor joy riding. 1 He contends the district court erred by finding that any error the state trial court made in denying his motion to substitute counsel was harmless. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo a district court's denial of habeas relief. James v. Borg, 24 F.3d 20, 24 (9th Cir.), cert. denied, 115 S. Ct. 333 (1994). We vacate and remand. 3 * Background 4 On February 11, 1991, McCrary filed a…