Parviz Montazer v. Parvin R. Montazer
DueProcess
1. Is not an appellate court required to appoint counsel to an indigent in a criminal case? if so, is not an indigent appellant entitled to the cost of production of the "reporter's transcript"?
2. Is a California criminal contempt proceeding under 1209.5, which carries a potential sentence of 180 days imprisonment and $36,000 penalty, which is subject to Fourth, Fifth, Sixth and Fourteenth Amendment of the United State Constitution, concluded when sentencing is pronounced or when defendant enters a "no-contest plea"?
3. To the extent the contempt action is of a criminal nature, should a defendant prevail on showing: a) that his counsel's performance fell below prevailing professional standards and b) he was prejudiced; or only c) that there was a conflict of interest between his counsel and the opposing attorney?
4. When the trial court announces, in a criminal case, that the opposing counsel is appointed as a Commissioner, who has been working as temporary judge for the same court, does that create a conflict of interest for the attorney representing Petitioner; and thereby, prejudging
5. Is an attorney who is representing a client and, to her own admission is intimidated by the Judge and the opposition counsel, inherently abused while appearing in pro per?
Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal