John G. Brown v. Daniel Vasquez, Warden, Daniel E. Lungren, Attorney General of the State of California
Opinion
Opinion
Thompson, J.
John G. Brown is a California state prisoner who has been sentenced to death. His conviction and sentence were affirmed by the California Supreme Court. People v. Brown, 46 Cal.3d 432 , 250 Cal.Rptr. 604 , 758 P.2d 1135 (1988). His petition for a writ of certiorari was denied by the United States Supreme Court. Brown v. California, 489 U.S. 1059 , 109 S.Ct. 1329 , 103 L.Ed.2d 597 (1989). His petition for a writ of habeas corpus filed with the California Supreme Court was denied. His execution was scheduled for June 8, 1990.
On June 1, 1990, Brown, proceeding pro se, filed in the United States District Court for the Central District of California a “Request for Appointment of Counsel in Death Sentence Case and For Stay of Execution of Death Sentence.” In an accompanying declaration he stated that he was under imminent sentence of death, that the attorney who represented him in state court was unavailable to represent him in his federal habeas proceeding, and that he could not afford to retain an attorney. He further stated: “I intend to file a petition for writ of habeas corpus in this Court, alleging federal constitutional errors which entitle me to relief from the judgment of…