August 30, 2009 By Wallin & Klarich

Why You Need an Experienced Criminal Appeals Attorney Fighting for You

A report published on LATIMES.COM discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50 states.

According to Chief Justice John G. Roberts Jr, the majority of the court saw no reason for:

“a freestanding and far-reaching constitutional right of access to this type of evidence.” Upholding such a new right “would take the development of rules and procedures in this area of out of the hands of legislatures and state courts shaping policy in a focused manner and turn it over to federal courts…”

While decisions like this one may appear to impair prisoner’s rights as a whole, it does not discount the possibility of post conviction DNA testing. This ruling just gives states more flexibility in deciding procedures for post-conviction relief, which California provides.

California Penal Code 1405 states that:

(a) A person who was convicted of a felony and is currently serving a term of imprisonment may make a written motion before the trial court that entered the judgment of conviction in his or her case, for performance of forensic deoxyribonucleic acid (DNA) testing.

Appeals are an important part of the criminal justice system, one that the Orange County appeals attorneys at Wallin & Klarich are well versed in. If you feel that justice was not served in your first trial, regardless of who represented you, our attorneys can review your case to see if you would be a candidate for appeal, or even post conviction DNA testing. Contact our post-conviction DNA test attorneys today for a consultation of your case. We can help you. Call us at 1-888-280-6839.

Source report:,0,5346519.story

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