Posts Tagged ‘california appeals lawyer’

Convicted Killer Troy Davis Put To Death In Georgia While His Supporters Continue To Protest

Friday, September 23rd, 2011

Troy Davis was convicted for the 1989 slaying of an off-duty Georgia police officer. He was executed Wednesday September 21, 2011 by lethal injection. Davis has always maintained his innocence, and his list of supporters increased steadily as the case made its way through the legal system.

Davis’ case has received international attention, and his supporters include Amnesty International and former Untied States President Jimmy Carter. Davis’ supporters and attorneys argued that there existed an enormous cloud of doubt as to whether Davis was guilty. Davis was largely convicted for the crime based on eye witness accounts. Today many of those witnesses have recanted their previous testimony.

In California, murder is codified under California Penal Code Section 187. The penal code defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder.

What are the punishments for murder in California?

A conviction of first-degree murder is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. A conviction for second degree murder is normally punishable by imprisonment in state prison for a term of 15 years to life. The circumstances surround the murder will determine whether it will be charged as a first-degree and second-degree murder

Under certain circumstances, the death penalty is a potential punishment for murder in California. The common special circumstance death penalty case in California occurs when a first responder is murdered, or if the murder was especially heinous or cruel.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense law firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

The California Courts of Appeal 4th Appellate District Recently Ruled that Juror Misconduct Created Juror Bias that was Detrimental to the Defendant and Was a Basis for a New Trial.

Wednesday, August 18th, 2010

The 4th District California Courts of Appeal recently ruled on case in which the defendant was seeking a new trial after being found guilty.  After the trial the defendant’s attorney learned that a specific juror was having daily discussions with a friend about the case who was not on the jury panel.  Based on the [...]

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Agriprocessors Executive Sholom Rubashkin files an Appeal – The California Appeals Process

Thursday, July 8th, 2010

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 [...]

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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 [...]

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American Pie Actor Arrested On Suspicion Of Driving Under The Influence

Thursday, June 17th, 2010

Actor Chris Klein is probably best known for his comedic role in the ‘American Pie’ films. However his arrest early Wednesday morning was not a part in a movie. The actor was arrested by California Highway Patrol on suspicion of driving under the influence. A news release from the California Highway Patrol stated that Klein’s [...]

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Teenager’s Murder Confession During Police Interrogation Interview Ruled Involuntary – How An Experienced Southern California Criminal Defense Attorney Can Help You

Monday, June 14th, 2010

A federal appeals court ruled that an Arizona teenager’s confession to nine murders in 1991 during a 13-hour interrogation interview was involuntary. With the confession overturned, the Arizona Attorney General must now ask the Supreme Court to review the case or decide to retry the teen without the alleged confession. In 1991, Jonathan Doody, a [...]

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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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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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