A San Diego Court of Appeal Reversed Defendant’s Criminal Conviction Based Upon Prosecutorial Misconduct

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 …

Posted In: Appeals

TRIAL COURT MUST TRAIL CASE IF REQUEST IS MADE WITHIN THE STATUTORY PERIOD EVEN IF PROSECUTION CANNOT SHOW GOOD CAUSE – P.C. SECTION 1382(a)(3); P.C. SECTION 1050

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 …

Posted In: Appeals

Trial Court’s Failure to Inquire into Reasons for Defendant’s Desire to Move for a New Trial Based on Ineffective Assistance of Counsel Can Reverse His Criminal Conviction

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 …

Posted In: Appeals

NINTH CIRCUIT: APPELLANTS’ DECISION TO REPRESENT THEMSELVES WAS “FOOLISH,” BUT DISTRICT COURT WAS NOT CONSTITUTIONALLY REQUIRED TO APPOINT COUNSEL AGAINST THEIR WISHES

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 …

Posted In: Appeals

CONVICT MAY GO FREE BECAUSE OF HIS ATTORNEY’S FAILURE TO INTERVIEW KEY WITNESS

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 …

Posted In: Appeals

I Need to Appeal My Conviction – What Should I Do? California Penal Code Section 1237

By: Wallin & Klarich

The appeals process can be very complex. Judges, attorneys, and jurors must follow a long list of laws and procedural rules. Because of this complexity, there is a fairly high potential for error. At any point in trial, the judge or an attorney can make an error or mistake that may cause an unjust result. …

Posted In: Appeals