Antonio McKibbins v. Brian Williams

MEMORANDUM

Nevada state prisoner Antonio McKib-bins appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction for robbery with a deadly weapon and failure to stop on the signal of a police officer. He was sentenced as a habitual criminal to life with the possibility of parole after 10 years on the robbery with a deadly weapon charge, and to a consecutive sentence of 2 to 6 years on the failure to stop charge. His conviction was affirmed on direct appeal and in the state post-conviction court. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm the district court’s order denying the petition.

McKibbins claims he was denied a fair trial when the trial court allowed his former counsel, Frank Kocka, to speak in private to the trial judge in chambers in support of his motion to withdraw from the case. There is no evidence that Kocka told the trial judge anything that prejudiced McKibbins’ trial. McKibbins was appointed new counsel and he did not explicitly raise an ineffective assistance of counsel claim as to either Kocka or substitute counsel. Mere citation of cases that discuss an ineffective assistance of…