Robert Lee Massie v. George Sumner, Warden, San Quentin State Prison

Robert Lee Massie, a state prisoner, appeals the district court’s order dismissing his habeas petition. By this habeas corpus action, Massie challenges the validity of California Penal Code § 1239(b), which pro vides for an automatic appeal to the California Supreme Court from a sentence of death. Massie seeks to waive this automatic appeal, contending that his incarceration on death row in San Quentin State Prison pending determination of the forced and unwanted appeal constitutes cruel and unusual punishment and violates his right to refuse counsel under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). Apparently, Massie has no desire to be executed and does not object to spending the rest of his life incarcerated; he, however, finds execution preferable to spending a lengthy period incarcerated on death row.

Facts:

In May 1979, Massie pleaded guilty to murder in the first degree and robbery, violations of California Penal Code §§ 187 and 211. Waiving his right to counsel, Mas-sie admitted that he had previously been convicted of murder in the first degree and that the murder to which he was pleading guilty was committed while he was engaged in the…