Raynard D. Rhodes v. K.W. Prunty, Warden

97 F.3d 1460 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raynard D. RHODES, Petitioner-Appellant, v. K.W. PRUNTY, Warden, Respondent-Appellee. No. 95-16785. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1996. Decided Sept. 5, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges; MOSKOWITZ, * District Judge. 2 MEMORANDUM ** 3 Petitioner, Raynard D. Rhodes, appeals the district court's denial of his petition for writ of habeas corpus. Rhodes was convicted in the California Superior Court of burglary and rape and sentenced to 21 years in state prison. I. 4 Rhodes argues he was denied effective assistance of counsel in violation of the Sixth Amendment because a conflict of interest adversely affected his trial counsel's performance. Rhodes contends that he gave his retained counsel, Benjamin Lusk, his 1975 Mercedes automobile as payment for Lusk's fee. The car was in the shop and Lusk had to pay the repair bill of about $5000 before it could…