DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041117P.pdf   03/21/2005  Steven F. Taylor  v.  Larry Norris
   U.S. Court of Appeals Case No:  04-1117
   Eastern District of Arkansas   
Prisoner case - habeas. The court vacates its February 9, 2005 opinion in the case and files a substituted opinion. This court can not consider claim of ineffective assistance of counsel as the Arkansas Supreme Court found the claim procedurally defaulted as a matter of state law; although the Arkansas Supreme Court stated an alternative ruling based on the merits, and although the alternative ruling appears to address the federal issue of ineffective assistance of counsel, the court nevertheless stated that its decision rested on state procedural grounds; as long as a state court sets forth a clear and plain statement that its decision rests on state law grounds, and as long as those grounds are adequate and independent of federal claims, the state court may make reference to a federal claim without opening the door to habeas review. [PUBLISHED] [Melloy, Author, with Bowman and Benton, Circuit Judge] 041117P.pdf 02/09/2005 Steven F. Taylor v. Larry Norris U.S. Court of Appeals Case No: 04-1117 Eastern District of Arkansas
Habeas Case - ineffective assistance of counsel. Claim of conflict of interest was sufficiently addressed by state court to overcome procedural bar challenge. Claim of conflict of interest must establish conflict actually affected the adequacy of the representation. State supreme court did not apply clearly established Supreme Court precedent in an unreasonable manner. Denial of habeas relief is affirmed. [PUBLISHED] [Melloy, Author with Bowman and Benton, Circuit Judges]