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Contact Los Angeles Criminal Defense Attorney
David D. Diamond today for a free evaluation
of your case.
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Criminal Appeals Attorney in Los AngelesCriminal Appeals are an area of practice for our firm. Once a conviction has occurred, a number of legal errors may have occurred, and therefore can be attacked in the Appellate Courts.
A successful appeal can mean the suppression of evidence, a reduction in sentence or other penalties, or the granting of a new trial. Appeals are based upon the "record" in the case as it occurred in the trial court, and (usually) no new evidence is presented to the Appellate Justices. Appeals tend to be technical and time consuming, but can reap great rewards for those erroneously convicted.
California law allows the setting of bail while an appeal is pending, so a person facing incarceration may be free while the appeal is heard.
Definition of an Appeal
An appeal is a request to a higher court to review a decision made in a completed trial or proceeding.
What issues can the Court of Appeals hear?
The Courts of Appeal decide questions of law, such as whether the superior court judge applied the law correctly in a case. The Courts of Appeal do not hear testimony or retry cases. An appeal from a superior court judgment is decided based on the written record from the original trial or proceeding. Issues brought to a Court of Appeal for review commonly include claims such as an incorrect ruling on admissibility of evidence, incorrect application of a law or regulation, improper jury instructions, and insufficient evidence to support the verdict.
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The Appeals Process
To begin the appeal process, a written notice of appeal is filed with the clerk of the court in which the proceeding took place. In criminal and juvenile cases, transcripts of the underlying proceedings are automatically prepared. All parties are notified once the record on appeal has been filed with the Court of Appeal.
From the date the record was filed, the appellant has a specified period of time within which to file an appellant's opening brief, depending on the type of case. A "brief" is a written argument that an attorney prepares for the court. It details the issues raised by the appellant, including challenges to superior court rulings or findings, and refers to applicable statutes (laws) and previous case decisions to support their position. The respondent is then given an opportunity to file a brief in response and then the appellant may file a reply brief.
After the panel of justices has heard oral argument, a member of the panel prepares and files an opinion, which is a written statement of the court's decision.
What is a Writ?
The word "writ" traces its roots to English common law. In Old English, writ means a letter, often written by an attorney. Writ was the name for an action in the courts.
In most modern American jurisdictions, a "writ" is an order from a higher court to a lower court or to a government official such as a prison warden. Defendants may seek several types of writs from appellate judges directed at the trial court or at a lower appellate court.
What's the difference between a writ and an appeal?
Writs usually are considered to be extraordinary remedies, meaning they are permitted only when the defendant has no other adequate remedy, such as an appeal. In other words, a defendant may take a writ to contest a point that the defendant is not entitled to raise on appeal.
Writ of habeas corpus
Defendants who want to challenge the legality of their imprisonment -- or the conditions in which they are being imprisoned -- may seek help from a court by filing an application for what is known as a "writ of habeas corpus.
A writ of habeas corpus (literally to "produce the body") is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order. Many state constitutions provide for writs of habeas corpus, as does the United States Constitution that specifically forbids the government from suspending writ proceedings except in extraordinary times -- such as war. Known as "the Great Writ," habeas corpus gives citizens the power to get help from courts to keep government and any other institutions that may imprison people in check. In many countries, police and military personnel, for example, may take people and lock them up for months -- even years -- without charging them, and those imprisoned have no avenue, no legal channel, by which to protest or challenge the imprisonment. The writ of habeas corpus gives jailed suspects the right to ask an appellate judge to set them free or order an end to improper jail conditions, and thereby ensures that people in this country will not be held for long times in prison in violation of their rights. Of course, the right to ask for relief is not the same as the right to get relief; courts are very stingy with their writs.
Potential Post-conviction Remedies
As discussed in this article, convicted defendants can take a number of steps to challenge guilty verdicts and/or to correct violations of constitutional rights, including motions, appeals and writs. The following list illustrates these steps. A defendant who loses at one may go on to the next step, all the way down the list (up the legal chain) in a process that can take many years -- especially for serious felonies such as death penalty cases.
This list is merely an illustration of possible post-conviction proceedings -- some of which may only be used in certain cases. Also, defendants usually must first have unsuccessfully sought relief through the available state remedies before they will be allowed to seek relief in federal courts. For these reasons and because of the complexities of these proceedings and what is at stake (liberty or life), defendants should consult counsel to determine which remedies are available to them.
Motion for Acquittal.
A request that the judge decide that there is not enough evidence to convict the defendant. Depending on whether the trial is before a judge or jury and depending on court rules, this motion may be made either after the prosecution presents its evidence or after all the evidence is presented.
Motion for a New Trial
Request that trial judge declare a mistrial and grant a new trial.
Appeal to State Appellate Court
Contends that trial judge made some legal error.
Federal Habeas Corpus Petition to District Court
Requests the federal trial court to order the jail or prison holding the defendant to release the defendant because the defendant is being held in violation of the U.S. Constitution.
Appeal of Federal Habeas Corpus Petition to Circuit Court
Requests the mid-level federal court to review the federal trial court's decision denying the writ.
Appeal of Federal Habeas Corpus Petition to U.S. Supreme Court
Requests the highest court in the land to review the mid-level federal court's decision denying the writ.
Petition for Rehearing to State Appeals Court
Requests that appeals court judges change their own decision.
State Supreme Court Appeal
Requests that highest court in the state review and overturn the decision of the mid-level appeals court.
U.S. Supreme Court Appeal
Requests that highest court in the nation intervene to correct an error on the part of the state courts that violated the U.S. Constitution.
State Court Habeas Corpus Petitions
Requests that the state appeals courts order the jail or prison holding the defendant to release the defendant upon a showing that the defendant is being held in violation of some state law or constitutional right.
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