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MARTINEZ v. ZAVARAS

No. 02-1131.

330 F.3d 1259 (2003)

John Jacob MARTINEZ, Petitioner-Appellant, v. Aristedes W. ZAVARAS, Executive Director, Colorado Department of Corrections; Ken Salazar, Attorney General for the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 2, 2003.

Attorney(s) appearing for the Case

Howard A. Pincus (Michael G. Katz, Federal Public Defender, with him on the briefs), Assistant Federal Public Defender, Denver, Colorado for the Petitioner-Appellant.

Roger Griffin Billotte (Ken Salazar, Colorado Attorney General, with him on the brief), Assistant Attorney General, Denver, Colorado for the Respondents-Appellees.

Before BRISCOE, ANDERSON and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Convicted of first-degree murder in state court, John Jacob Martinez brought a 28 U.S.C. § 2254 habeas petition in federal district court arguing that his Sixth Amendment right to conflict-free representation was violated. In denying habeas relief, the district court found that Martinez had voluntarily, intelligently, and knowingly waived his right to conflict-free representation. We exercise jurisdiction of the appeal under 28 U.S.C. ...

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