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DAVIDSON v. CUPP

No. 71-1345.

446 F.2d 642 (1971)

Keith Leroy DAVIDSON, Petitioner-Appellant, v. Hoyt C. CUPP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 20, 1971.

Attorney(s) appearing for the Case

William L. Hallmark, of McMenamin, Jones, Joseph & Lang, Portland, Or., for petitioner-appellant.

Lee Johnson, Or. Atty. Gen., Jim G. Russell, James L. Carney, Asst. Attys. Gen., Jacob B. Tanzer, Sol. Gen., Salem, Or., for respondent-appellee.

Before KOELSCH, BROWNING, and DUNIWAY, Circuit Judges.

PER CURIAM:

Petitioner and his fiancee were charged with related state crimes. They were tried separately, but were represented by the same attorney. Petitioner claims the joint representation deprived him of the right to effective assistance of counsel. The district court denied a writ of habeas corpus. We affirm.

Joint representation is permitted unless specific prejudice appears. Carlson v. Nelson, 443 F.2d 21, 22 (9th...

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