TOTTEN v. MERKLE

No. 97-55109.

137 F.3d 1172 (1998)

Anthony Lee TOTTEN, Petitioner-Appellant, v. William A. MERKLE, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.


Attorney(s) appearing for the Case

Abby Besser Klein, Los Angeles, California, for petitioner-appellant.

Joyce N. Burnett, Deputy Attorney General, San Diego, California, for respondents-appellees.

Before: LAY, GOODWIN and REINHARDT, Circuit Judges.


Opinion by Judge LAY; Dissent by Judge REINHARDT.

LAY, Circuit Judge.

Anthony Lee Totten, a California state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Totten claims denial of his right to a fair trial and ineffective assistance of counsel in his conviction for attempted murder and infliction of great bodily injury. He contends representation was deficient because trial counsel...

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