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9th Circuit finds potential conflict of interest, criticizes Judge Mosley's canvass re: conflict

The Ninth Circuit Court of Appeals issued a decision this morning in Houston v. Schomig, an appeal from the denial of a habeas petition based upon a Nevada judgment of conviction. The Circuit remanded the case for an evidentiary hearing on the issue of prejudice after finding that Clark County District Court Judge Donald Mosley did not perform an adequate canvass of the defendant regarding a potential conflict of interest by his trial attorney. Houston was convicted of conspiracy to commit murder, three counts of attempted murder with use of a deadly weapon and three counts of discharging a firearm out of a motor vehicle. He contended that his Sixth Amendment rights were violated because he was represented by the Clark County Public Defender's Office and that same office represented the State's star witness, who was an alleged victim, in a prior related proceeding...continue to full post

Full post as published by Harmful Error on July 22, 2008 (boomark / email).