Anthony Alexander Campbell v. Bert Rice, Warden
Opinion
Opinion
Pregerson, J.
Anthony Alexander Campbell (“Campbell”) appeals from the denial of his 28 U.S.C. § 2254 habeas petition. In his petition, Campbell challenges the constitutionality of his state court convictions for eighteen counts of first-degree burglary and one count of attempted burglary on the grounds that he was deprived of the effective assistance of counsel. Specifically, Campbell asserts that, at the time of his trial, defense counsel suffered from a conflict of interest because she was facing her own criminal prosecution on a felony drug charge by the same district attorney’s office.
We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We conclude that Campbell’s attorney suffered from a potentially serious conflict of interest that was brought to the attention of the trial judge, who failed to make an inquiry into the conflict. Under these circumstances, the conviction cannot stand. Holloway v. Arkansas, 435 U.S. 475, 488-89 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978). We therefore reverse the district court’s denial of Campbell’s habeas petition and remand with instructions to grant the writ.