Robert L. Massie v. Michael Hennessey State of California

FACTS

Against the advice of his counsel, petitioner Robert Lee Massie pleaded guilty to robbery and first degree murder. The trial judge accepted Massie’s plea and sentenced him to death.

Both the conviction and sentence were automatically appealed to the California Supreme Court, pursuant to California Penal Code § 1239(b) (West 1982) (amended 1989). Massie moved the state court to dismiss the appeal, on the grounds that he had a constitutional right to waive the appellate process. The motion was denied. While Massie’s state court appeal was pending, he sought a writ of habeas corpus in federal district court. The writ was denied. This court affirmed, holding that Massie did not have a constitutional right to waive the automatic appeal. Massie v. Sumner, 624 F.2d 72 (9th Cir.1980), cert. denied, 449 U.S. 1103 , 101 S.Ct. 899 , 66 L.Ed.2d 828 (1981).

The California Supreme Court reversed Massie’s conviction, holding that as a matter of law the trial court could not accept a guilty plea against the advice of counsel in a capital case. People v. Massie, 40 Cal.3d 620, 625 , 221 Cal.Rptr. 140, 144 , 709 P.2d 1309, 1313 (1985). The State of California now seeks to prosecute Massie…