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MILLER v. BLACKETTER

No. 06-36090.

525 F.3d 890 (2008)

Dustin Vade MILLER, Petitioner-Appellant, v. Sharon BLACKETTER, Superintendent, Eastern Oregon Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2008.

Attorney(s) appearing for the Case

Kristina Hellman, Assistant Federal Public Defender, Portland, OR, argued the cause for the petitioner-appellant and filed a brief; Patrick J. Ehlers, Assistant Federal Public Defender, Portland, OR, also filed a brief.

Carolyn Alexander, Assistant Attorney General, State of Oregon, Salem, OR, argued the cause for the respondent-appellee and filed a brief; Mary H. Williams, Solicitor General, and Hardy Myers, Attorney General, State of Oregon, Salem, OR, were on the brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether a defendant, whose attorney moved on the morning of trial to withdraw from the case and to postpone proceedings, was denied his right to the counsel of his choice when the trial judge denied the motions.

I

A

Thirty-four-year-old Dustin Vade Miller, unarmed but purporting to be holding a gun, robbed several small retail establishments over a ten-day period in 1998. He was apprehended...

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