What is the Difference Between an Appeal and a Writ of Habeas Corpus?
What is the Difference Between an Appeal and a Writ of Habeas Corpus? 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. You might…
Read MoreDefendant's Conviction is Reversed when Appeals Court Rules Prosecutorial Misconduct Where Prosecution Attempted to Define "Beyond a Reasonable Doubt" by Using a Jigsaw Puzzle
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 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…
Read MoreCalifornia Supreme Court Holds that Murder Accomplice is Not Liable For First Degree Murder When the Victim Killed a Coconspirator - Penal Code Section 664(a)
California Supreme Court Holds that Murder Accomplice is Not Liable For First Degree Murder When the Victim Killed a Coconspirator - Penal Code Section 664(a) Why Having an Experienced Appellate Attorney Can Be the Difference Between Jail and Freedom A recent California Supreme Court decision, People v. Concha, held that the jury must be instructed about the provocative murder doctrine when deciding whether or not to convict the defendant of…
Read MoreJury Instruction was Correct in Child Molestation Case
Jury Instruction was Correct in Child Molestation Case A recent California Court of Appeals case, People v. Shaw, held that a jury instruction that instructed the jury to convict if the defendant had tendencies towards children as a class was correct, despite the defendant’s contentions otherwise. Shaw was convicted of multiple counts of child molestation based on the CALCRIM jury instruction number 1122. Shaw argued that the trial court erred…
Read MoreMandatory Sex Offender Registration Overturned by California Court of Appeal - California Penal Code Section 288
Mandatory Sex Offender Registration Overturned by California Court of Appeal - California Penal Code Section 288 The California Court of Appeal recently overturned a man’s mandatory sex offender registration on the grounds that requiring him to register would violate the Equal Protection Clause (People v. Luansing). The man was convicted of violating Penal Code Section 288(a)(b)(2) and was sentenced to prison time. After being released from prison, the man was…
Read MoreDefendant Sentenced to Sixteen Years in Prison Plans to Appeal Murder Conviction
Defendant Sentenced to Sixteen Years in Prison Plans to Appeal Murder Conviction Travion T. Ford has been sentenced to 16 years to life for the second-degree murder of USC student Bryan R. Frost by the Los Angeles County Superior Court. Ford was also ordered to pay approximately $35,000 in restitution. Frost was fatally stabbed in the heart with a kitchen knife after getting into an altercation with Ford over a…
Read MoreAppealing Your Conviction: How Ineffective Assistance of Counsel Can Get You a New Trial
Appealing Your Conviction: How Ineffective Assistance of Counsel Can Get You a New Trial The Ninth Circuit Court of Appeals recently ruled that a defendant was not given effective assistance of counsel when his lawyer only called one witness at trial. The defendant was convicted of two counts of murder and one count of attempted murder. At his sentencing hearing, his attorney presented only the defendant’s step father and a…
Read More