The Wall Street Journal recently reported that former Agriprocessors executive Sholom Rubashkin has filed an appeal with the 8th U.S. Circuit Court of Appeals in St. Louis after being sentenced to 27 years in prison on 86 fraud charges. Rubashkin’s lawyers state that District Court Judge Linda Reade shouldn’t have allowed evidence about the slaughterhouse’s massive immigration raid and further that Rubashkin’s prison sentence is like a life sentence for the 51-year-old. Rubashkin’s fraud scheme collapsed in 2008, not long after the Postville, Iowa-based Agriprocessors became the target of a massive immigration raid. The plant filed for Chapter 11 bankruptcy protection later that year and has since been sold to SHF Industries, which renamed the company Agri Star.
Under the California appeals process, a criminal appeal is a formal request to rehear a case that has already been decided; or rather a request that a new court reconsider the decision of the first court. If there has been a mistake at a trial, either side can file an appeal. However, California law gives criminal defendants just 60 days from the date of their sentencing to file a notice of appeal. Grounds for appeals can include improper rulings by the trial judge regarding evidence, improper jury instructions, and the quality of your representation or other circumstances that may have resulted in an unfair trial.
Practically, it is almost always better to have a new lawyer than the lawyer who represented you at your trial for the appeal. This is because the trial lawyer may not realize some of the errors that occurred during the trial. Furthermore, an appeal is entirely different than a jury trial. The court of appeals decides the case entirely upon the written briefs filed by your attorney and the Attorney General’s office. The final decision by the court of appeals often comes between 12 and 18 months after the defendant was sentenced. If the court reverses the conviction the defendant is entitled to a new trial. If the court affirms the conviction there are other options available.
If you or a loved one have faced an unfair trial it is important that you retain an experienced Southern California appeals attorney. Upon receiving your case, the team of Orange County criminal appeals attorneys at Wallin & Klarich will thoroughly review the transcript of your trial, court filings, and other documents to look for all potential grounds for appeal. Our California appeals lawyers have over thirty years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy available that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklawappeals.com. We will be here when you call.
