Brown
Brown v. Vasquez
Opinion
Opinion
Tashima, J.
MEMORANDUM ORDER ON MOTION TO VACATE STAY OF EXECUTION
BACKGROUND AND PROCEDURAL SUMMARY
This is a death penalty “habeas corpus” case. Petitioner was convicted of murder of a peace officer in California state court and was sentenced to death. The conviction and sentence have been affirmed on appeal. People v. Brown, 46 Cal.3d 432 , 250 Cal.Rptr. 604 , 758 P.2d 1135 (1988), cert. denied, 489 U.S. 1059 , 109 S.Ct. 1329 , 103 L.Ed.2d 597 (1989). On March 14, 1990, the California Supreme Court denied petitioner’s petition for a writ of habeas corpus. The Orange County Superior Court then set petitioner’s execution date for June 8, 1990.
On June 1, 1990, acting pro se, petitioner filed a “Request for Appointment of Counsel in Death Sentence Case and For Stay of Execution of Death Sentence.” This “Request” was accompanied by petitioner’s declaration in which he verifies that he is under imminent sentence of death, that the attorney who represented him in state court is unavailable to represent him in his federal habeas proceedings and that he cannot afford to retain an attorney. The declaration further states: “I intend to file a petition for writ of habeas corpus in this Court,…