Opinion
CV 99 4234 (JBW).
June 13, 2000.
JUDGMENT, MEMORANDUM AND ORDER
After a judgment of conviction for Robbery, Unlawful Imprisonment, Burglary and Larcenies, petitioner exhausted his appellate and other state remedies. He seeks a writ of habeas corpus on the ground that his attorney at one time represented the main witness against him, thus denying him adequate counsel because of this conflict of interest.
Petitioner's trial counsel advised him of the conflict as soon as it became known to him. The petitioner was thoroughly advised of his right to independent counsel. He waived the right. Examination of the witness was in no way adversely affected by the conflict. Evidence against defendant was overwhelming.
After his initial hearing in this court the parties were provided with an opportunity to supplement the record. They have not done so.
There is no reason to grant the writ since no federal constitutional right was violated.
A certificate of appeal is granted on the issue of whether the conflict presented a per se reason for providing new counsel and a violation of the United States Constitution.
SO ORDERED.