Witek

MEMORANDUM *

Robert Lee Johnson appeals the district court’s denial of his 28 U.S.C. § 2254 petition for failure to exhaust state remedies. Because the parties are familiar with the facts, we do not repeat them here. We reverse and remand.

The district court concluded that two of Johnson’s claims were unexhausted, because he failed to allege the “operative facts” that (1) trial counsel failed to inform the court of his conflict of interest and (2) trial counsel failed to argue in his closing that Jamie Holmes had an ownership interest in the vehicle where the gun was found.

1. Johnson fairly presented to the state court the argument that his trial counsel failed to advise the court that he had a conflict of interest. He specifically raised the issue in his petition for review to the California Supreme Court, noting that “an attorney who seeks to continue as conflicted counsel has an obligation to alert the court to the existence of a conflict,” and citing Holloway v. Arkansas, 435 U.S. 475, 485-86 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978), for that proposition.

Johnson also sufficiently presented to the state courts his argument that trial counsel was ineffective because he did…