Appeals
Sleeping on the Job – What if Your Attorney Falls Asleep During Trial?
A recent decision by the United States Court of Appeals (Murray v. Shriro D.C. No. 2:03-CV-00775-DGC) gives us a look into what can happen if your attorney dozes off during the course of a trial. Dean Morrison and Jacqueline Appelhans were found shot to death in the home they shared in Arizona. Brothers Robert and Roger Murray were indicted for first-degree murder and armed robbery. An Arizona jury convicted them…
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7 Reasons Why You Should Appeal a Criminal Conviction or Sentence in Orange County
A conviction is not necessarily the end of the line when it comes to the criminal justice system. You may be able to appeal your criminal conviction or sentence in Orange County for many reasons, including: A judge can make a mistake in his or her ruling or a prosecutor can abuse his authority. An unprepared criminal defense lawyer may have given you poor advice. A jury may have reached…
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What is the criminal appeals process in California and what steps do I need to take? (CPC 1297)
The criminal appeals process in California begins when you file a Notice of Appeal. If you have been convicted of a felony you have 60 days from the day you were sentenced to file a Notice of Appeal. If you were convicted of a misdemeanor you have 30 days. Your appellate lawyer will then prepare an Opening Brief, which is your first opportunity to explain why your conviction at the…
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Conviction Reversed due to Ineffective Assistance of Counsel
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 to 25 years to life in prison. In 1993 he participated and was convicted of…
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It Is Never Too Late To Challenge Your Murder Conviction In Federal Court
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 a federal jury and was found guilty of murder in 1979.buy flagyl online no prescription…
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FOUR DEATH PENALTY VERDICTS TOSSED OUT BY STATE SUPREME COURT IN LAST EIGHT MONTHS
Death Penalty is Costing Tens of Millions of Dollars while we are Sinking Further into Debt There's one question that our Los Angeles criminal appeals attorneys at Wallin & Klarich keep thinking about in regard to the death penalty: when will the California legislature put an end to the death penalty in California? This past week the California Supreme Court decided that a man who has been on death row…
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Should You File an Appeal or Writ of Habeas Corpus?
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 that can be rather complicated. Both are used in the appellate process. In a nutshell,…
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Filing an Appeal In California
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 complex and slow, given to tight time constraints followed by months of waiting. If you…
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Man Sentenced to Death is Granted New Hearing by Federal Court of Appeals
Even after an accused is found guilty, his criminal defense lawyer must competently represent him at his sentencing hearing.buy zydena online no prescription 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 prison or can decide to place the accused on probation. In…
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Failure to Instruct a Jury on the Defendants Defense is Grounds for Appeal
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 he was not under the influence of marijuana and lost consciousness as the result of…
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