Conviction Reversed due to Ineffective Assistance of Counsel

By: Wallin & Klarich

A defendant, Tyrone Miles, claims ineffective assistance of counsel by alleging that his attorney advised him to reject a plea offer of six years without alerting him that his crime was a third strike and punishable up to 25 years to life in prison. He later entered an open plea and the judge sentenced him …

Posted In: Appeals

It Is Never Too Late To Challenge Your Murder Conviction In Federal Court

By: Wallin & Klarich

A prime example of why you should never give up if you believe you were wrongfully convicted of a crime by a jury is the case of People vs. McDonald. McDonald was a decorated Vietnam war veteran who was accused of brutally murdering his wife and two young girls to death. He was tried by …

Posted In: Appeals

Should You File an Appeal or Writ of Habeas Corpus?

By: Wallin & Klarich

Individuals are often confused by the distinctions between appeals and Writs of Habeas Corpus. The latter, translated “you shall have the body” is in many instances used when a person convicted of a felony seeks to have his case reconsidered. Whether a person should file one or the other, or indeed both, is a matter …

Posted In: Appeals

Filing an Appeal In California

By: Wallin & Klarich

Let’s face it. Courts make mistakes. Sometimes sentences that are handed down are too harsh. Prosecutors, and even jurors, may engage in misconduct. Evidence can be admitted wrongfully, and laws are occasionally applied incorrectly. And any of these reasons can be grounds for filing an appeal in California. Unfortunately, however, the appeals process can be …

Posted In: Appeals

Man Sentenced to Death is Granted New Hearing by Federal Court of Appeals

By: Wallin & Klarich

Even after an accused is found guilty, his criminal defense lawyer must competently represent him at his sentencing hearing. In many cases a judge has great discretion at the sentencing hearing of an accused found guilty of a serious felony. In some cases the court has the power to sentence a defendant to decades in …

Posted In: Appeals

Failure to Instruct a Jury on the Defendants Defense is Grounds for Appeal

By: Wallin & Klarich

The Court of Appeal reversed a defendant’s conviction for driving under the influence of marijuana after the trial court failed to properly instruct the jury on defendant’s theory of defense. The defendant was charged with driving under the influence of marijuana, causing injury, and driving with a suspended license. At trial, the defendant argued that …

Posted In: Appeals

Supreme Court Ruling Will Have Massive Affect on Millions of Convictions Nationwide

By: Wallin & Klarich

In a case that is going to affect millions of individuals, the Supreme Court has voted 5-4 in favor of allowing criminal defendants who received bad advice during pre-trial plea agreements to have the sentences overturned. Having taken over hundreds of cases bungled by public defenders, our criminal defense lawyers are all too aware that …

Posted In: Appeals

Traffic Cameras All But Killed By Appellate Court Opinion

By: Wallin & Klarich

Aside from Nicolas Cage using a traffic camera to help him decipher an ancient Olmec tablet in National Treasure 2, those little cameras mounted next to traffic lights have caused nothing but headaches for people. Today, the 2nd District Court of Appeal dealt a heavy blow to the validity of those traffic cameras in all …

Posted In: Appeals