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Name: Washington v. Lampert
Case #: 04-35381
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/06/2005

The appellate court affirmed the district court’s denial of habeas petition by an Oregon state prisoner who asserted a claim of ineffective assistance of counsel in connection with the negotiation and execution of his sentencing stipulation, which waived his right to appeal. The petitioner’s waiver was unenforceable with regard to his right to file a federal habeas petition to bring an ineffective assistance of counsel claim that implicated the voluntariness of the waiver itself. However, the district court properly denied the ineffective assistance of counsel claim which alleged that counsel’s representation constituted an actual conflict of interest because counsel could not ethically advise petitioner on whether to waive his right to pursue an ineffective assistance of counsel claim. Petitioner failed to demonstrate that an actual conflict affected counsel’s performance or that his sentencing agreement was not voluntary, knowing or intelligent.