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Name: Bragg v. Galaza
Case #: 99-16636
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/12/2001
Subsequent History: Amended opn. 253 F.3d 1150

Bragg could not establish ineffective assistance of counsel on the factually inadequate record before the court. Bragg had told his trial counsel, Piggott, that he would identify Norwood as a passenger in the car during a shooting. Piggott had just agreed to represent Norwood in an unrelated case. Piggott left Norwood a message that he could no longer represent him in that case. Bragg failed to present evidence that Piggott continued to represent Norwood throughout Bragg’s trial, and there was therefore no actual conflict of interest demonstrated. Nor was there an adequate showing that Pigott’s potential conflicting interests affected his performance or caused him to fail to investigate. Even if the investigation efforts were flawed, there was no prejudice shown.