People v. Navarette

Summary

The California Supreme Court found appointed counsel Jeffrey L. Garland in direct contempt for willfully failing to comply with orders requiring him to file the appellant’s opening brief in a capital automatic appeal. The court ordered Garland to pay a $500 fine.

Holdings

1. An attorney's willful failure to comply with an order of the court constitutes contempt.
2. Garland's failures to comply with the court's orders constituted direct contempt because the acts occurred within the immediate view and presence of the California Supreme Court.

Questions Presented

1. Whether appointed appellate counsel's willful failure to comply with the California Supreme Court's orders requiring the filing of an opening brief constituted contempt.
2. Whether the violations occurred within the court's immediate view and presence and therefore constituted direct contempt.
3. What sanction should be imposed for the contempt.

Disposition

other