Anderson

Anderson v. Mayle

Good Law
15 F. App'x 547
United States Court of Appeals for the Ninth CircuitAugust 2, 2001No. 00-55684; D.C. No. CV-98-02337-JNKCalifornia875 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Tony Anderson, a California state prisoner, appeals the district court’s denial of his habeas petition, which he filed pursuant to 28 U.S.C. § 2254 . We affirm.

1. Recusal of Lawyer

Petitioner first argues that the state trial court’s recusal of his first lawyer because of a potential conflict of interest, without having given Petitioner an opportunity to waive the conflict, violated his due process rights and his right to a speedy trial.

The Supreme Court has stated that a trial court “must be allowed substantial latitude in refusing waivers of conflicts of interest not only in those rare cases where an actual conflict may be demonstrated before trial, but in the more common cases where a potential for conflict exists which may or may not burgeon into an actual conflict as the trial progresses.” Wheat v. United States, 486 U.S. 153, 163 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988). Further, Petitioner has no constitutional right to representation by a particular court-appointed lawyer. Morris v. Slappy, 461 U.S. 1, 12-14 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983); see also Wheat, 486 U.S. at 159-60 (discussing the limitations on a defendant’s right to…

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