No. 18-201

Parviz Montazer v. Parvin R. Montazer

Lower Court: California
Docketed: 2018-08-15
Status: Denied
Type: Paid
Tags: appellate-counsel appellate-procedure civil-procedure conflict-of-interest constitutional-protections criminal-contempt criminal-procedure due-process indigent-defendant indigent-rights ineffective-assistance-of-counsel judicial-bias right-to-counsel sixth-amendment transcript-costs
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether an indigent defendant in a criminal contempt proceeding has a right to appointed counsel and a free transcript on appeal

Docket Entries

2018-10-15
Petition DENIED.
2018-09-26
DISTRIBUTED for Conference of 10/12/2018.
2018-06-09
Petition for a writ of certiorari filed. (Response due September 14, 2018)

Attorneys

Parviz Montazer
Parvis Montazer — Petitioner