Barroso

MEMORANDUM *

Dennis Barroso was convicted in state court of murder during the course of a robbery, two counts of second degree robbery, three counts of attempted robbery, and one count of carjacking. He was sentenced to life in prison without the possibility of parole.

Before trial, Barroso made a timely motion to substitute counsel which, if granted, would have required an eleven-day continuance of the trial. The trial court denied Barroso’s motion to substitute counsel because of the delay it would have required. For two reasons, the trial court found that the delay was significant: First, there had been prior scheduling difficulties resulting in numerous continuances and delaying trial for more than five months, although only one of these continuances was attributable to Barroso, and second, the trial judge expressed concern for the rights of a custodial witness, who was being held in custody until he testified because of concern that he was a flight risk.

Barroso has filed a habeas petition challenging his conviction on the ground that the trial court’s denial of his motion to substitute counsel violated his right to retained counsel of his choice under the Sixth…