Stewart

MEMORANDUM **

Petitioner Richard Stewart appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. Stewart was convicted of the murder of his mother, her husband, and their roommate. Petitioner claims in his appeal that (1) his trial counsel rendered ineffective assistance by not presenting purportedly exculpatory out-of-court statements of a third party, Maurice Solvang; and (2) that his trial counsel labored under an impermissible conflict of interest because of his office’s representation of Solvang and of a trial witness, Terry Guillory.

In reviewing the claim of ineffective assistance, this court “strongly presume[s] that counsel’s conduct was within the wide range of reasonable assistance, and that he exercised acceptable professional judgment in all significant decisions made.” Hughes v. Borg, 898 F.2d 695, 702 (9th Cir.1990). In this case, there are several legitimate tactical reasons which could have been the basis for trial counsel’s decision, including the fact that the statements conflicted with central elements of the defense theory of the case. There was no evidentiary hearing as to the actual reason for the decision and nothing in the…