Clearing Your Criminal Record
Conviction Reversed and Defendant Wins New Trial After Appeal is Granted: You Have the Right to a Fair Trial
The California Court of Appeal in People v. Hernandez found that when an armed sheriff stood behind the defendant while the defendant was testifying this violated the defendant's right to a fair trial. An experienced defense attorney knows that there are many factors a court may not consider in ensuring the defendant's right to a fair trial. The Court of Appeal found for the defense; the use of an armed…
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Supreme Court Rules DNA Tests for Prisoners Not a Constitutional Right
Why You Need an Experienced Criminal Appeals Attorney Fighting for You A report published on discussed the recent Supreme Court decision regarding the rights of prisoners to have crime samples tested for DNA. The important decision cleared the way for individual states to legislate the issue themselves as the Court found that there was no need for a constitutional amendment that would dictate the criminal court procedures for all 50…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II
A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have…
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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I
The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer…
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Facebook and Myspace Disclosure of Evidence that Holds a Defendant’s Innocence
As the law offices of Wallin & Klarich work alongside attorney Robert C. Kasenow, II in defending the rights of our client accused of alleged sexual offenses, we have filed a petition for review with the California Supreme Court seeking evaluation of a lower court order. Exculpatory evidence through subpoena or any other court process has previously been denied via the federal Stored Electronic Communications Act. Through our investigation and…
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9th District Federal Court of Appeals Reverses Murder Conviction After all State Courts Reject Appeal
Why You Need a Highly Skilled Criminal Appeals Law Firm to Help You In a case decided on July 7, 2009, the 9th District Federal Court of Appeals reversed the murder conviction of Mohammend Ali due to the courts finding that the prosecutor had committed prejudicial error when he excused the only two black prospective jurors from the jury pool. At the trial, the defendant's attorney had objected to the…
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Court of Appeals Holds that Defendant is not Entitled to County Paid Experts at Sentencing Hearing
In People vs. Stuckey, decided by the 3rd District Court of Appeals on July 9, 2009 the court held that a defendant who is facing sentencing does not have the right to court appointed experts. The court held that the right to court appointed experts exists only up to the time of jury trial. Once a defendant has been found guilty, then the court held there has no further right…
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Federal Court of Appeals Reverses Child Molest Conviction
Criminal Defense Attorney Precluded from Asking Alleged Victim about Prior Statements about Sexual Matters On June 16, 2009 the 9th Circuit Federal Court of Appeals issued a critical ruling that anyone who is facing child molestation charges must be familiar with if they are going to be able to properly defend themselves from these serious charges. The court in Holley vs. Yarborough ruled that the accused's criminal defense attorney should…
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What it Means to “Expunge” a Criminal Record
If you have been convicted of a crime, the stigma associated with the conviction is something that can haunt you for the rest of your life. Having to check "yes" on a job application when asked if you have ever been convicted of a crime is often enough to cost you the job, especially in these tough economic times. However, if you were convicted of a misdemeanor and have stayed…
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Know Your Rights: Even Minors Are Protected From the Tyranny of Illegal Searches
The California Court of Appeal recently decided In re H.H. (2009 DJDAR 7935), a case involving a minor who was illegally searched after being pulled over for riding a bicycle without proper lighting equipment. When the minor was pulled over he was asked to "step from the bicycle" at which time he took off the backpack he was wearing and said "I am not on probation" and refused to give…
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