Scott

Scott v. McDaniel

Good Law
146 F. App'x 877
United States Court of Appeals for the Ninth CircuitAugust 29, 2005No. 04-17516; D.C. No. CV-97-00213-RAMCalifornia1,002 words

Opinion

Lead Opinion

MEMORANDUM **

Glynn Edward Scott, a Nevada state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition after an evidentiary hearing on remand from this court. Before his state trial on three charges of attempted murder with the use of a deadly weapon, Scott sought to have his court appointed attorney, Mark Blaskey, removed as counsel. Scott alleged that he and Blaskey were involved in an irreconcilable conflict and could not communicate. The trial court denied the motion for substitution and Scott was ultimately convicted on the lesser-included offenses of battery with the use of a deadly weapon. Scott’s habeas petition challenges his conviction on the ground that a conflict between him and Blaskey resulted in the constructive denial of Scott’s Sixth Amendment right to counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

*878 To prevail, Scott must establish that an actual conflict existed between him and Blaskey that was sufficiently disruptive to amount to a constructive denial of his Sixth Amendment right to counsel. Schell v. Witek, 218 F.3d 1017, 1026 (9th Cir.2000). If the relationship between Scott and Public Defender…

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.