By: Wallin & Klarich
Your Wallin & Klarich appeals attorney will obtain and thoroughly review a transcript of your trial to determine what legal errors were made. Such errors include the wrongful admission or exclusion of evidence, jury instructional error, or jury misconduct. Additional investigation may be necessary to uncover the evidence needed to prove such errors. Then, a …
Continue reading “What Does A Motion For New Trial involve?”
By: Wallin & Klarich
There are several differences between appeals and a writs of habeas corpus. The basic difference is found in the reason why you are using the appellate process. Appeals are used to correct errors that occurred during the case. The appellate courts only consider what they can find within the court file. They will not consider …
Continue reading “What are the Differences Between Appeals and a Writs of Habeas Corpus?”
By: Wallin & Klarich
Lawyers of legendary producer Phil Spector have asked for a third trial for their convicted client. The 71-year-old Rock and Roll Hall of Famer was convicted by a Los Angeles Superior Court jury in April 2009 of second degree murder for the 2003 shooting of actress Lana Clarkson. Spector received a prison sentence of 19 …
By: Wallin & Klarich
If you or a loved one have been convicted of a crime and want to file for an appeal in California it is important to understand how an appeal works in order to get the best result. An appeal can be a very complex and slow process which is why it is so important to …
Continue reading “I Want To Appeal My Conviction, What Should I Do? – P.C. 1237”
By: Wallin & Klarich
At Wallin & Klarich, we get many calls from people who seek information about criminal appeals due to our expertise in the area. As criminal appellate lawyers we have handled many appeals and writs. One of the most common questions we are asked by clients or potential clients is when is an appeal appropriate. An …
Continue reading “When to File a Criminal Appeal in California”
By: Wallin & Klarich
Recently, the San Diego court of appeal reversed a criminal conviction because the court found that the prosecution was engaged in a pervasive pattern of misconduct which rendered defendant’s trial fundamentally unfair. The reversal was necessary when during a jury trial the prosecutor questioned the defense expert about whether the defense counsel and the expert …
By: Wallin & Klarich
On October 25, 2010, in People v. Graves, the California Court of Appeal reversed the trial court’s dismissal of appellant’s case even though, on the day of trial, the prosecution requested to trail beyond the statutory deadline without good cause. On December 23, 2004, appellant Michael Graves was charged with misdemeanor battery against his wife …
By: Wallin & Klarich
You must know that in California the claim of ineffective assistance of counsel may be asserted as the basis of your motion for a new trial pursuant to Penal Code section 1181. When the trial court failed to conduct any inquiry at all into the basis for your motion for a new trial, your conviction …
By: Wallin & Klarich
On July 6, 2010, the Ninth Circuit Court of Appeal held that the district court did not violate appellants’ Sixth Amendment right to a fair trial by failing to appoint counsel in response to the self-represented appellants’ unprofessional trial behavior. Prior to trial, the district court gave appellants ample opportunity to have counsel appointed on …
By: Wallin & Klarich
According a recent Ninth Circuit ruling, a Los Angeles man convicted of murder and attempted murder will be able to argue that his conviction should be overturned because his trial lawyer did not interview the survivor, who stated that the defendant did not shoot him. In 2003, Deandre Maurice Howard was convicted of shooting two …
Continue reading “CONVICT MAY GO FREE BECAUSE OF HIS ATTORNEY’S FAILURE TO INTERVIEW KEY WITNESS”
Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.
