Watson

Watson v. Block

Good Law
102 F.3d 433·96 Daily Journal DAR 14930·1996 WL 714396·1996 U.S. App. LEXIS 32666·96 Cal. Daily Op. Serv. 9011
United States Court of Appeals for the Ninth CircuitDecember 13, 1996No. 94-56346California1,732 words

Opinion

Lead Opinion

Norris, J.

Attorney Penelope Watson appeals the denial of her habeas petition claiming that her due process rights were violated when she was held in summary contempt. We reverse.

Ms. Watson represented William Mora in a multi-defendant special circumstances murder trial that began on March 28, 1994, in Los Angeles Superior Court, Judge William R. Pounders presiding. On April 7, an attorney for one of Mora’s codefendants repeatedly raised in open court the issue .of the punishment the defendants would be eligible for should they be convicted. Calling counsel to the bench, Judge Pounders stated categorically that possible punishment “is not a subject open to discussion. It should not be explored.” Ms. Watson remained at the defense table during this side bar; her cocoun-sel, Joseph Albert Gutierrez, was present on behalf of their client Mora.

On April 20, the attorney for a different eodefendant again raised the issue of punishment. In response, Judge Pounders stated in open court:

On April 21, Ms. Watson’s cocounsel Mr. Gutierrez asked a series of seven questions *435 in which he stated that the defendants were “looking at life in prison.” At side bar, which Ms. Watson did not attend,…

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