McNEAL v. ADAMS

No. 08-16472.

623 F.3d 1283 (2010)

Troy Terrell McNEAL, Petitioner-Appellant, v. Darrell G. ADAMS, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2010.


Attorney(s) appearing for the Case

Deanna F. Lamb , Central California Appellate Program, Sacramento, CA, for the petitioner-appellant.

Sean M. McCoy , Deputy Attorney General, Sacramento, CA, for the respondents-appellees.

Opinion by Judge GOODWIN, Concurrence by Judge BERZON.


OPINION

GOODWIN, Circuit Judge:

Petitioner Terrell McNeal ("Petitioner") appeals the denial of his petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253. We affirm.

Petitioner argues that because his counsel was not present at the hearing on the prosecution's motion to compel a DNA sample, Petitioner was deprived of counsel at a "critical stage" in the proceedings and his conviction must be reversed without inquiry...

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