Anthony Alexander Campbell v. Bert Rice, Warden

ORDER

The opinion filed on September 12, 2001, and appearing at 265 F.3d 878 (9th Cir. 2001), is hereby withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. The petition for rehearing is GRANTED. An opinion will be filed contemporaneously with this order.

OPINION

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 and due process. 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. Campbell additionally asserts that his due process rights were violated when he was excluded from the private in-chambers hearing (“in-chambers hearing”) involving the trial court, defense counsel, and the prosecutor, at which the trial court considered, on the record, defense counsel’s…