How have the courts dealt with the issue of conflict between appellant and the public defender?

MultiRegion, United States of America

The following excerpt is from Hambrick v. Deeds, 955 F.2d 47 (9th Cir. 1991):

1 These observations also dispose of another of appellant's claims. Appellant argues that the district court erred by not holding an evidentiary hearing into the alleged conflict between appellant and the public defender. However, a habeas petitioner is entitled to an evidentiary hearing only if the particular factual dispute was not resolved in the state trial or it appears that the factual hearing was not full and fair. See 28 U.S.C. 2254(b); Townsend v. Sain, 372 U.S. 293, 313 (1963). The record shows an adequate inquiry into appellant's conflict allegations at the Nevada trial. The district court did not err by refusing to hold an independent evidentiary hearing.

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