Martinez

MEMORANDUM *

Defendant Salvador Martinez appeals the district court’s denial of his habeas petition after an evidentiary hearing. Martinez was convicted in state court of rape, forcible sexual penetration with a foreign object, and second degree kidnaping. 1 The district court certified four claims for appeal. Because none presents reversible error, we affirm the district court’s denial of the habeas petition.

First, Martinez’s attorney, Richard Toothman, did not suffer from a conflict of interest that adversely affected his representation of Martinez. See Mickens v. Taylor, 535 U.S. 162, 172 n. 5, 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002). Martinez has not offered evidence that suggests Toothman’s representation was influenced by the prior representation of the victim, Sheryl Rumph, or the witness, Crystal Quillen, by the Idaho Public Defender’s office. Toothman did not have an actual conflict of interest such that prejudice may be presumed for an ineffective assistance of counsel claim. See Cuyler v. Sullivan, 446 U.S. 335, 349 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980).

Second, Martinez has not shown that there was a breakdown in communication or an irreconcilable conflict…