Appeals
Notice Of Appeal Requirements In California
The right to appeal in a criminal case is conferred and defined by statute. (California Penal Code 1237) Appeal is initiated by filing a notice of appeal with the Clerk of the Superior Court within 60 days from rendition of the judgment or challenged order. The appeal must be taken from a final judgment, which is defined to include an order granting probation, insanity commitment, mentally disordered commitment, or an…
Read More
What Does A Motion For New Trial involve?
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 written brief will be prepared which all such issues and justifications for reversal are presented…
Read More
What are the Differences Between Appeals and a Writs of Habeas Corpus?
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 any new evidence. If you think that the trial judge, defense lawyer, or prosecutor made…
Read More
Phil Spector California Court of Appeals
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 years to life. The appeal of the conviction was heard on Tuesday, April 12 by…
Read More
I Want To Appeal My Conviction, What Should I Do? – P.C. 1237
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 have a knowledgeable appellate lawyer to assist you. Often times attorneys, jurors and judges can…
Read More
When to File a Criminal Appeal in California
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 appeal of a criminal conviction is appropriate when a legal or procedural error occurred. Sometimes,…
Read More
A San Diego Court of Appeal Reversed Defendant’s Criminal Conviction Based Upon Prosecutorial Misconduct
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 had worked together on a prior "rape trial" where they "attacked" the victim, and disparaged…
Read More
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
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 and his mother-in-law. He did not show up to his original arraignment date and a…
Read More
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
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 must be revered unless the record shows beyond a reasonable doubt that further inquiry into…
Read More
NINTH CIRCUIT: APPELLANTS’ DECISION TO REPRESENT THEMSELVES WAS “FOOLISH,” BUT DISTRICT COURT WAS NOT CONSTITUTIONALLY REQUIRED TO APPOINT COUNSEL AGAINST THEIR WISHES
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 their behalf but they insisted on representing themselves. In 2004, appellants Kurt F. Johnson and…
Read More