James W. Menefield v. Robert G. Borg, Warden

I.

Appellant James Menefield, presently serving a twenty-nine year, 10 month sentence in California state prison, appeals the denial of his petition for habeas corpus. Menefield argues that the state trial court violated the Sixth Amendment when it refused his request for assistance of counsel in the preparation of a motion for a new trial.

In 1984, Menefield was arrested and brought to trial for burglary, attempted murder, assault with a deadly weapon, mayhem, and armed robbery. At pretrial proceedings, he was successively represented by two attorneys, and dismissed each in turn. After failing to achieve a working relationship with appointed counsel, Mene-field asserted his right to self-representation. Appellant represented himself dur ing extensive pretrial proceedings and then during a protracted trial. After his conviction on all counts, Menefield asked the court to appoint counsel to assist him in the preparation of a motion for a new trial. His request concentrated upon the intricacies of the California statute governing new trials. “I’ve studied it, but I just can’t grasp it. I see what they’re saying, but I just can’t get deep off into it, like the other studies I did.”…