Prior conflict with trial counsel doesn't create conflict with appellate counsel
In Foote v. Del Papa, the Ninth Circuit affirmed Nevada’s Federal District Court Judge Jones’s decision denying the petition for habeas relief. The defendant had filed a lawsuit against his trial counsel, leading to the withdrawal of that attorney, and appointment of private counsel. That lawsuit had been dismissed by the time the defendant was convicted and sentenced, whereupon the public defender was appointed to represent him on appeal. The defendant sought habeas relief, stating that a conflict of interest had existed with his appellate counsel The Court held that trial counsel’s irreconcilable conflict arising from the since dismissed lawsuit did not create an irreconcilable conflict with a appellate public defender.
