Appeals
Can I Appeal a Conviction Due to Juror Bias in California?
Although juries are meant to be impartial, individuals often carry hidden biases or prejudices. This can make it difficult for some defendants to get a fair trial. If you feel like your conviction was a result of juror bias, contact our attorneys at Wallin & Klarich today to see how we can help with your appeal. How Does Jury Selection Work? First, you should be aware of your legal rights…
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Ochoa v. Davis | A Witness’s Credibility
9th Circuit Court of Appeals recent holding that habeas corpus applicant was required to show prejudice for a Brady violation in order to sustain the application Ochoa was convicted in 1998 for a series of violent crimes against three female victims over a six-month period the previous year including murder, kidnapping, forcible rape, and assault with a deadly weapon. During the investigation, Ochoa voluntarily submitted to a polygraph and confessed…
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People v. Speck | Faulty Jury Instructions
The issue in People v. Speck, a decision published on February 2, 2022, by the California Court of Appeal, Third Appellate District, was whether the trial court judge made a prejudicial error when the judge failed to instruct the jury about the affirmative defense called mistake of fact. The Court of Appeal held that the trial court did make an error by not providing the mistake of fact jury instruction…
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Dos and Don’ts: Appearing in Court
Whether you are charged with a serious crime or contesting a traffic ticket, there are rules you need to follow whenever you appear before a judge. Here are some rules you should keep in mind if you are going to court. Dress for Success The easiest way to show a judge that you respect the court and that you take this matter seriously is to show up well-groomed and in…
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What Happens When the Police Fail to Preserve Evidence?
It's a Saturday night and you get picked up by some of your friends. You have no idea that they were involved in a robbery just 20 minutes earlier. A few minutes later, police pull the vehicle over and you are arrested in connection with the robbery even though you are unaware it took place. This would be very frustrating for you, especially if the cops have access to video…
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California Death Penalty Ruled Unconstitutional
A federal judge in Orange County has ruled that California's death penalty is unconstitutional because it violates a person's right to be free from cruel and unusual punishment. In a 29-page ruling, Santa Ana-based U.S. District Judge Cormac J. Carney vacated the death sentence of Ernest D. Jones, who was sentenced to death nearly two decades ago. 1 This decision will be viewed as a major legal victory for those…
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Appeals Court Rules Fourth Amendment Protects Cell Site Location Privacy (U.S. v. Davis)
When you are making phone calls on your cellphone, should you expect your identity to be private? The U.S. Supreme Court doesn't think so. However, what happens when your cellphone records are used not to determine who you've been in contact with, but where you were at the time? A federal appeals court was asked to answer that question recently in a case involving a suspect convicted in part upon…
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DNA Evidence Left At The Crime Scene May Not Be Enough to Convict You
DNA is like a fingerprint. Police can link you to a crime scene by matching a DNA sample left behind. A prosecutor can use this evidence to support his or her theory that you were present when the crime was committed in his or her effort to convince the jury beyond reasonable doubt that you are the perpetrator. Whether your DNA found at the crime scene is enough evidence to…
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Can a Pocket Knife Be Considered a Dirk or Dagger? (Penal Code Sections 16470, 23130)
California Penal Code section 16470 defines a "dirk" or "dagger" as a knife or other instrument that is readily capable of being used as a stabbing weapon that may inflict great bodily injury or death. The definition includes a non-locking pocket knife, but only if the blade of the knife is "exposed and locked into position." If this sounds like a contradiction in terms, it may very well be. Which…
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Smile, You’re on Red Light Camera
Picture this: You are driving down the street, your favorite song is on the radio and you've caught the attractive girl to your left staring at least two and a half times. "Nothing can bring me down," you naively think to yourself as you continue to fly through intersection after intersection, almost forgetting that your brake pedal even exists. You see a yellow light ahead, but decide to keep driving…
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