⚖ Oral Arguments, with Context

The Ninth Circuit hears Nevada's appeal in Christopher Keller's right-to-counsel case. A traffic stop led to drug charges; a jury convicted Keller, and he received life in prison with parole eligibility after twenty years. Dissatisfied with his appointed attorney, he hired another lawyer. But the trial judge refused to postpone the trial so she could take over. Keller challenged that refusal in state court, then sought federal habeas relief. Nevada will defend the refusal to grant another delay; Keller will argue it violated his right to hire counsel of his choice. Choosing a paid lawyer is distinct from receiving effective assistance. That choice is not unlimited: judges may weigh fairness and scheduling. Federal habeas corpus allows a prisoner to challenge custody that violates federal law. Exhaustion generally means first fairly presenting the same federal claim to the state courts. De novo review means deciding a legal question afresh, without deferring to the earlier legal ruling. Waiver generally means deliberately giving up a right; forfeiture means failing to preserve it in time. The habeas statute requires an express state waiver of exhaustion. The judges will ask whether that rule also prevents forfeiture on appeal.

Keller v. Breitenbach, et al. (No. 25-3779) — U.S. Court of Appeals for the Ninth Circuit, argued October 20, 2026.