Velton Watkins v. Lawrence E. Wilson, Warden

Habeas corpus. Watkins and a co-defendant, Foster, were convicted of murder in California Superior Court. He appealed and his conviction was affirmed. People v. Watkins, 1967, 248 Cal.App.2d 603 , 56 Cal.Rptr. 734 . In his habeas corpus petition, Watkins claims denial of effective assistance of counsel because (1) he and Foster were represented at their trial by the same public defender and (2) there was a conflict of interest between him and Foster.

The first point is without merit. Common representation of co-defendants is not per se, error, much less error of constitutional dimension. Glavin v. United States, 9 Cir., 1968, 396 F.2d 725, 727 , cert. den. 1968, 393 U.S. 926 , 89 S.Ct. 258 , 21 L.Ed.2d 262 .

Nor was there such a conflict of interest as to violate the Sixth Amendment right to counsel. In deciding this question, the district court did not hold a hearing, but relied upon the trial record and exhibits that were before it. This is proper under 28 U.S.C. § 2254 (d) and Townsend v. Sain, 1963, 372 U.S. 293, 318-319 , 83 S.Ct. 745 , 9 L.Ed.2d 770 , if the district judge finds that the state’s fact-finding process was full and fair and if he independently applies the…