Scott

MEMORANDUM *

Glynn Scott appeals the district court’s denial of his petition for writ of habeas corpus. We reverse and remand for an evidentiary hearing. **

The standard of review set forth in the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) is satisfied from the outset because the Nevada state courts’ determination of whether a serious conflict existed between Scott and Blaskey was based entirely on an “unreasonable determination of the facts.” 28 U.S.C. § 2254 (d)(2). The Nevada courts concluded that no “irreconcilable conflict” existed between Scott and Blaskey because Scott was allegedly ready to withdraw his motion for substitution of counsel at the time the trial judge ruled on it. The district court correctly recognized that this interpretation of the facts was simply unreasonable because Scott had no intention of withdrawing his motion at that time.

With the state courts’ conclusion and AEDPA’s mandated deference thus placed properly aside, the principal issue before us is whether the conflict between Scott and Blaskey had become so great that it resulted in a constructive denial of Scott’s Sixth Amendment rights. Our analysis is controlled by our recent…