Ryan

Lynch v. Ryan

Good Law
341 F. App'x 339
United States Court of Appeals for the Ninth CircuitAugust 10, 2009No. 07-15680California953 words

Opinion

Lead Opinion

MEMORANDUM **

Ronnie Howell Lynch appeals the district court’s denial of his habeas petition, arguing that the Arizona state trial court violated his Sixth Amendment right to counsel when it denied his requests for substitute counsel. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Lynch argues that an irreconcilable conflict existed between him and Stephen Whelihan, the public defender appointed to represent him, and that the trial court therefore erred in denying his requests for new counsel. In considering Lynch’s claim, we determine whether the trial court’s denial of Lynch’s request “actually violated [Lynch’s] constitutional rights in that the conflict between [Lynch] and his attorney had become so great that it resulted in a total lack of communication or other significant impediment that resulted in turn in an attorney-client relationship that fell short of that required by the Sixth Amendment.” Schell v. Witek, 218 F.3d 1017, 1026 (9th Cir.2000) (en banc). If a conflict is of the defendant’s “own making,” it may be that Lynch “actually received what the Sixth Amendment require[s].” Id.; see also Plumlee v. Masto, 512 F.3d 1204, 1211 (9th…

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