(Download) "Hernandez v. Johnson" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Hernandez v. Johnson
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 12, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant Rogelio Hernandez was convicted of capital murder and sentenced to death for murdering Officer Jose Herrera during an attempted escape from the Webb County Jail in 1986. After appellants conviction was affirmed on direct review and a last-minute petition for state habeas corpus was overruled, appellant sought a stay of execution and writ of habeas corpus in federal court. After an evidentiary hearing on appellants most significant claims, the district court denied relief on each of appellants forty-six alleged errors. The district court granted a certificate of probable cause and appellant now seeks reversal of the district court decision based on his counsels alleged conflict of interest and ineffective assistance. We hold that Hernandezs attorney did not labor under an actual conflict of interest by having served as district attorney when Hernandez pled guilty to prior felonies, and there was no "adverse effect" on Hernandezs defense from the potential conflict. We affirm the district courts decision to deny relief on this and on the other ineffective assistance claims.
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