Cross

Cross v. Pelican Bay State Prison

Good Law
142 F. App'x 293
United States Court of Appeals for the Ninth CircuitJuly 25, 2005No. 04-17519; D.C. No. CV-98-00115-GEBCalifornia658 words

Opinion

Lead Opinion

MEMORANDUM **

Richard M. Cross, a California state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . He argues he was denied a fair trial because (1) the trial court refused his request for a new attorney; (2) he was shackled to his chair during jury selection; and (3) he received ineffective assistance of counsel. We will reverse only if the state court’s decisions were contrary to, or involved an unreasonable application of, clearly established Federal law, or were based on an unreasonable determination of the facts. 28 U.S.C. § 2254 (d). We affirm.

DISCUSSION

1. New Counsel

Cross sought a new attorney on the first day of his trial. He contends the trial court did not adequately review the request and improperly denied it. We disagree. The record indicates the court held a hearing and permitted Cross to explain why his present counsel was inadequate and why he needed a different attorney. Moreover, the Sixth Amendment does not guarantee a “meaningful relationship” between the accused and his counsel. Morris v. Slappy, 461 U.S. 1, 13-14 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983). In evaluating Sixth…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.