SCHELL v. WITEK

No. 97-56197.

181 F.3d 1094 (1999)

Wayne Dale SCHELL, Petitioner-Appellant, v. Larry WITEK, Warden; Bill Lockyer, Attorney General, State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1999.


Attorney(s) appearing for the Case

Carol A. Klauschie, Pasadena, California, for the petitioner-appellant.

Steven D. Matthews, Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: D.W. Nelson, Kozinski, and Trott, Circuit Judges.


OVERVIEW

TROTT, Circuit Judge:

Wayne Dale Schell ("Schell") appeals a district court judgment adopting the findings of a magistrate judge and denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253.

On appeal, Schell asserts two points of error: (1) that there was insufficient evidence to find him guilty of residential burglary; and (2) that the state court violated his Sixth Amendment right to counsel...

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