Lino Chavez v. Mark Brnovich

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LINO ALBERTO CHAVEZ, No. 21-15454 Petitioner-Appellee, D.C. No. v. 2:19-cv-05424-

DLR

MARK BRNOVICH, Attorney General; DAVID SHINN, Director, Respondents-Appellants. OPINION

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted March 18, 2022 Las Vegas, Nevada

Filed August 1, 2022

Before: Andrew J. Kleinfeld, D. Michael Fisher, * and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett

* The Honorable D. Michael Fisher, United States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. SUMMARY **

Habeas Corpus

The panel reversed the district court’s grant of conditional habeas relief to Lino Alberto Chavez, an Arizona prisoner who asserted that he was denied his constitutional right to appellate counsel under Anders v. California, 386 U.S. 738 (1967), in his Arizona “of-right” post-conviction relief (PCR) proceedings.

Chavez challenged his conviction and sentence through the…