No. 18-753

Robert Stephen Couturier v. Presiding Judge, Superior Court of California, Los Angeles County, et al.

Lower Court: Ninth Circuit
Docketed: 2018-12-12
Status: Denied
Type: Paid
Tags: arrest-warrant bench-trial certificate-of-appealability due-process fair-trial fourteenth-amendment impartial-jury ineffective-assistance judicial-impartiality
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Did the 9th Circuit Court of Appeals error when it denied The Petitioner a Certificate of Appealability?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW | 1) Did the 9th Circuit Court of Appeals error when it denied The Petitioner a Certificate of Appealability? , 2) Is a Defendant denied the right to a fair trial and impartial jury under Federal Law and The United States Constitution and Amendments, when his or her bench trial ; is conducted before and she or he is convicted by the very same judge that signed the Arrest Warrant that involves the matter at hand? 3) Is it reasonable to logically deduce that reasonable people or fair minded jury people that know all of the facts would believe that a judge would follow legal procedure and would read a police report that supports the probable cause necessary to issue an arrest warrant? 4) Is a defendant denied his Fourteenth Amendment Right to a fair trial when the judge tells the defendant . : during a pre-trial hearing that she does not know the facts of the current case and it turns out that thissame . : . judge signed the defendant’s arrest warrant? . 5) Are a defendant’s United States Constitution and Amendments rights to effective assistance of counsel violated if counsel does an inadequate pretrial investi' gation, does not visit the alleged crime scene to attempt to reconstruct what allegedly happened, does not bring or , attempt to bring the police to court to impeach sole govern: ment witness multiple times, does not attempt to get a continuance, does not attempt to bring an expert witness and allows a bench trial to be conducted before the very _ judge that signed the defendants arrest warrant? 6) Did the District Court err, when it denied an evidence hearing to review some or all of the issues , | discussed below in the writ 7) Did the District Court error when it denied the Petitioner’s Certificate Of Appealability?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2018-09-22
Petition for a writ of certiorari filed. (Response due January 11, 2019)

Attorneys

Robert Stephen Couturier
Robert Stephen Couturier — Petitioner