Nathaniel Wade v. Bill Armontrout

HENLEY, Senior Circuit Judge.

Nathaniel Wade, a state prisoner, filed a 28 U.S.C. § 2254 petition for writ of habeas corpus in the district court. In his petition Wade argued that his constitutional rights were violated in the state court proceedings because (1) he was denied effective assistance of counsel; (2) the trial court abused its discretion in denying a request for continuance; (3) the indictment was insufficient; (4) there was a material variance between the indictment and the evidence at trial; and (5) there was no evidence to support his conviction as a persistent offender. The…