CATEGORY: ‘Appeals’

SAN FRANCISCO CRIME LAB’S MISHANDLING OF EVIDENCE MAY LEAD TO NEW TRIAL FOR FEDERAL DEFENDANT

Friday, June 18th, 2010

On June 15, 2010, defense attorneys for Dennis Cyrus, Jr., argued before a federal judge that forensic evidence handled by the San Francisco Police Department’s crime lab and leading to Cyrus’ conviction may have been tainted. His attorneys requested that the prosecution disclose a report of the crime lab’s errors.

Cyrus was convicted of murdering three people, including a witness to a federal trial. Cyrus’ attorneys contend that the crime lab’s poor evidence managment requires that the federal court grant Cyrus a new murder trial.

The San Francisco Police Department lab technician at the center of the potential scandal, Deobrah Madden, retired in March under suspicion that she had stolen drugs from the lab. She and other lab workers had earlier testified against Cyrus at his murder trial.

State prosecutors have already dismissed hundreds of narcotics cases because of the San Francisco crime labs’ possible mishandling of trial evidence. The scandal threatens the political campaign of San Francisco District Attorney Kamala Harris, candidate for California attorney general.

The government’s handling of crime evidence is of utmost importance to a fair trial. At Wallin & Klarich, we have over 30 years experience handling all issues related to criminal trial, including evidence. We will ensure that any possible evidence mishandling by the prosecutor will be identified and resolved in a way most favorable to your case. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.

Crime in One County Can be Joined with a Crime in Another County – California Penal Code Section 288

Thursday, March 25th, 2010

The California Courts of Appeal recently held when more than one violation of Penal Code Section 288 occurs in more than one jurisdictional territory and the offenses are properly joinable, the jurisdiction lies in any jurisdiction where at least one of the offenses occurred. In People v. Delgado (No. G041561), the defendant Phillip Delgado sexually [...]

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What is the Difference Between an Appeal and a Writ of Habeas Corpus?

Saturday, March 6th, 2010

If you have a loved one that has been convicted of a crime in California, you may be wondering how you can overturn the conviction and continue fighting your family member’s case. You have probably heard that you can appeal the conviction or that you can file a petition for a writ of habeas corpus. [...]

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How an Experienced Southern California Criminal Defense Attorney Can Help You if You Suspect Possible Misconduct in Your Case On the Part of the Court

Monday, February 22nd, 2010

A recent United States Supreme Court decision on the case of Marcus A. Wellons v. Hilton Hall, Warden determined that a defendant is entitled to a full hearing when there is possible misconduct on the part of the court. Petitioner Marcus Wellons was convicted in Georgia state court of rape and murder and sentenced to [...]

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Defendant’s Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define “Beyond a Reasonable Doubt” by Using a Jigsaw Puzzle

Saturday, February 20th, 2010

A recent California Court of Appeal decision, People v. Katzenberger, held that there was prosecutorial misconduct when the prosecutor used an incomplete jigsaw puzzle to show how ‘beyond a reasonable doubt’ works. The prosecution’s Power Point presentation consisted of eight puzzle pieces forming a picture of the Statue of Liberty. The first six pieces came [...]

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