Erick Orlando Locks v. G.W. Sumner, Warden, California State Prison at San Quentin

Erick Locks appeals the denial of his petition for habeas corpus. He argues that his California conviction on two counts of murder is constitutionally tainted for three reasons: (1) The state trial judge improperly asked the jury foreman about the results of the jury’s balloting; (2) his Sixth Amendment right to counsel was violated by the refusal of the trial judge to appoint advisory counsel; and (3) the trial court failed to suppress illegally seized evidence, firm. We af-

I. BACKGROUND

In 1976, Locks pled not guilty to two counts of first-degree murder brought in California state court. As will be discussed more thoroughly below, Locks requested he be allowed to proceed in propria persona with his appointed attorney acting.as co-counsel. After the state trial judge denied the request to proceed in such fashion, Locks voluntarily waived his right to counsel, dismissed his appointed counsel, and proceeded on his own. Just before trial began, Locks renewed his request for additional counsel. The exact nature of his request is in dispute: Locks argues he requested either co-counsel or, in the alternative, advisory counsel; the State of California asserts that Locks was simply…