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Conflict of Interest Claims Do Not Apply to Appellate Counsel

By Michael Romano

The Ninth Circuit held that, under federal habeas review, conflict of interest claims do not apply to appellate counsel.  Foote v. Del Papa, No. 06-15094 (Wallace, Thomas, Ezra).  The court reasoned that there is no ?clearly established? law on the subject:  ?No Supreme Court case has held that an ?irreconcilable conflict? between a defendant and his appointed appellate counsel violates the Sixth Amendment.?

Full post as published by Criminal Appeal on May 23, 2007 (boomark / email).