Clarence Edward Ashley v. State of California

Appellant, in custody of the warden of California State Prison at Folsom following conviction of crime in the California state courts, here seeks release by habeas corpus.

He has had a history of insanity. Prior to his state trial the judge ordered that to ascertain his competence to stand trial he be examined by three psychiatrists. Following three days of examination their report was filed with the court, stating that in their opinion appellant was capable of assisting counsel in the preparation of his defense. Appellant was offered assistance of counsel. He expressed the desire for such assistance in an advisory capacity, but insisted that he wished to act for himself at the time of trial. The court, under the authority of California decisions, refused to assign him counsel in an advisory capacity and accordingly appellant served as his own attorney throughout trial. His conviction was sustained by the Supreme Court of California. People v. Ashley, 59 Cal.2d 339 , 29 Cal. Rptr. 16 , 379 P.2d 496 (1963). Upon application to the state courts, habeas corpus was denied.

In Westbrook v. Arizona, 384 U.S. 150 , 86 S.Ct. 1320 , 16 L.Ed.2d 429 (1966), the Court vacated judgment of…