Appeals
Supreme Court Ruling Will Have Massive Affect on Millions of Convictions Nationwide
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 this decision will have massive implications here in Southern California and beyond. Given today's economy,…
Read MoreSirhan Sirhan’s Bid for Appeal Gaining Momentum
As we reported a few weeks ago, a California appeals lawyer is trying to get Sirhan Sirhan, the man convicted in the assignation of Robert Kennedy, released from prison, or at the very least get him a new trial. Amongst other things, the appeals attorney is not only citing new analysis of an audio recording, but according to documents released by the courts, is also claiming that the prosecution in…
Read MoreTraffic Cameras All But Killed By Appellate Court Opinion
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 future cases. Before we get into the decision, we need to rewind just a bit.…
Read MoreControversial New Evidence Suggests a Second Shooter in the RFK Assassination
One of the most infamous assassinations in US history is making headlines agains as a California appeals attorney is trying to get the man found guilty in the assassination of Robert Kennedy a new trial. Kennedy, the younger brother of JFK was shot and killed in the kitchen of a Los Angeles hotel in 1968. His assassin, Sirhan Sirhan, still sits in prison. A little known audio recording of the…
Read MoreUS Supreme Court Throws Out Cops Use of GPS Device on Autos Without Warrant
In one of the most important criminal appeals decisions by the high court in years, the United States Supreme Court ruled that law enforcement cannot place a GPS device on or within your vehicle without your knowledge unless they first obtain a search warrant. The police and prosecutors argued that this was not an unconstitutional invasion of a persons privacy to use such a GPS device to track the whereabouts…
Read MoreNever Give Up on Your Criminal Appeal: US Supreme Court Reverses Conviction
People often call us and ask if there is anything that can be done for their loved one who is in prison after their initial criminal appeals have been denied. The United States Supreme Court recently answered that question in Smith vs. Cain decided on January 10, 2012. In this case the accused was serving many years in prison. After he was convicted it was discovered that the police had…
Read MoreDr. Conrad Murray Sentenced to Four Years in County Jail Under New Sentencing Laws
Dr. Conrad Murray was sentenced today to four years in the Los Angeles County Jail under California's new sentencing laws that went into effect October 1, 2011. The judge sentenced Murray to the maximum sentence allowed by law which seems extremely harsh considering his lack of prior criminal record as well as the many outstanding things he had done for the community. However in some ways Dr. Murray is very…
Read MoreI was convicted of crime by a jury in Orange County. My lawyer did nothing for me. How do you prove “ineffective assistance of counsel” on appeal?
The 6th Amendment to the US Constitution guarantees the right to effective assistance of counsel to every defendant in a criminal case. "Effective assistance of counsel" doesn't mean perfect counsel. A lawyer's representation of a client is "ineffective" only if it falls below an objective standard of reasonableness and prejudices (has a negative impact on) his defense. The burden is on the defendant to establish ineffective assistance of counsel. There…
Read MoreCollecting DNA samples from felony arrestees is now illegal in California
In the American justice system, you are presumed innocent until proven guilty in a court of law. How, then, is it legal for police to require you to give a DNA sample immediately after your arrest? According to a recent California court decision, it is not. In People v. Buza, a state appellate court ruled that it was unconstitutional for police to draw a DNA sample from suspects of a…
Read MoreIn an Important Appellate Decision, the CA Courts of Appeal 3rd District Rules that any Probation Condition if Violated- Must be done KNOWINGLY
In a case out of Sacramento, a man was placed on felony probation for a DUI. One of the terms and conditions of his probation was that he "not drink any alcoholic beverages, possess any alcoholic beverages, or be in any place where it is the chief item of sale". The issue was- that this term and condition did not have a qualification that to violate his probation, he must…
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