Neal v. Roe
Neal v. Roe
Opinion of the Court
Sean Neal appeals the district court’s denial of his habeas corpus petition. He contends that his Sixth Amendment right to counsel was violated when he was not provided substitute counsel during his motion for new trial. We have jurisdiction pursuant to 28 U.S.C. § 2253. We affirm.
Because the facts are known to the parties, we do not recite them here. We may reverse the state court’s decision under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) when the decision was “contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States.”
Neal was not entitled to an automatic appointment of substitute counsel during his new trial motion.
Neal must still show that “some effect on counsel’s handling of particular aspects of the trial was likely.”
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Van Tran v. Lindsey, 212 F.3d 1143, 1148-49 (9th Cir. 2000) (quoting AEDPA, 28 U.S.C. § 2254(d)(1)) (internal quotation marks omitted). We review a district court’s decision to deny a habeas petition de novo. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir. 2002) petition for cert. filed, 71 U.S.L.W. 3352 (U.S. Oct. 30, 2002) (No. 02-687).
We do not consider Neal’s arguments raised for the first time in his reply brief. See United States v. Montoya, 45 F.3d 1286, 1300 (9th Cir. 1995).
. Jackson v. Ylst, 921 F.2d 882, 887-88 (9th Cir. 1990) (holding that "there is no automatic right to a substitution of counsel simply because the defendant informs the trial court that he is dissatisfied with appointed counsel’s performance”).
. 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Although Strickland specifically referred to "trial” proceedings, we have previously held that a motion for new trial is a "critical stage of the prosecution” warranting representation as well. Menefield v. Borg, 881 F.2d 696, 698-99 (9th Cir. 1989).
. Strickland, 466 U.S. at 687, 104 S.Ct. 2052.
. 535 U.S. 162, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002).
. Id. 535 U.S. at -, 122 S.Ct. at 1241 (emphasis added).
. United States v. Miskinis, 966 F.2d 1263, 1268 (9th Cir. 1992) (internal quotation marks omitted).
Reference
- Full Case Name
- Sean Baptiste NEAL, Petitioner—Appellant v. Ernest C. ROE, Warden, Respondent—Appellee
- Cited By
- 1 case
- Status
- Published