Ronald Keith Duette v. A.C. Newland

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald Keith DUETTE, Petitioner-Appellant, v. A.C. NEWLAND, Respondent-Appellee. No. 95-15198. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Sept. 12, 1996. BEFORE: CHOY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Ronald K. Duette, a California state prisoner, appeals the district court's denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . Duette alleges that his Sixth Amendment right to counsel and his Fifth Amendment right to due process were violated when the trial court refused to grant his: (1) motion for substitution of counsel; and (2) motion for a continuance. We review the denial of a petition for habeas corpus de novo. Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995). We affirm. I. Motion to Substitute Counsel 3 Duette contends that the trial court violated his Sixth Amendment right to counsel when it denied his motion for…