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Mountjoy v. Warden, New Hampshire State Prison

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Joseph A. DiClerico, Jr., U.S. District Judge]

Habeas corpus petitioner Keith Mountjoy argues that his convictions for sexual assault and burglary must be set aside because the New Hampshire judge who presided over his trial did not advise him about his defense counsel’s possible conflict of interest and make an appropriate inquiry on the record, thereby violating his Sixth Amendment right to counsel. Federal review of habeas petitions is governed by the Anti-Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. � 2254(d) (Supp. II 1996). Under the standards of AEDPA, the district court denied Mountjoy’s petition, finding that the underlying decision of the New Hampshire Supreme Court was neither contrary to nor an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States. We affirm.

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