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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 09-07-2018, 07:51 AM
mxpyacymmzy mxpyacymmzy is offline
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Hi, my husband's first appeal was recently denied. He was then referred to a different appellate attorney. I've tried contacting that attorney with no luck. I am so confused as to who covers what areas and what not. His crime was committed in Fresno County. Can someone give me information on which appellate attorney covers that area or how it works and how I can find out? Thanks in advance.
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Old 09-07-2018, 10:37 AM
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Hi, my husband's first appeal was recently denied. He was then referred to a different appellate attorney. I've tried contacting that attorney with no luck. I am so confused as to who covers what areas and what not. His crime was committed in Fresno County. Can someone give me information on which appellate attorney covers that area or how it works and how I can find out? Thanks in advance.
Is this appointed counsel? Reason behind the denial of his appeal can and will be an issue if the new counsel will accept it. If you husband is still going to due his appeal on the same issues that were denied. Or was the denial for a technicality in the original filing . Since your husband fell out of Fresno County his appeal would fall in the California, 5th District Court of Appeal. His counsel could come for any where in California. May I suggest that he try and get counsel appointed from Central California Appellate Program https://www.capcentral.org/default.aspx They Work in the Third District Court of Appeal, and the Fifth district Court of Appeal only which means the understand and know what the Justices sitting on these benches are like.
There is plenty of information on their web site I listed that will help you better understand the appeals process. I suggest that you start at the starting an appeal (Just click it I hyperlinked) There is much much more information on the CCAP web sit that is helpful take your time reading it. Yes it time consuming and at times difficult to understand. take your time and read reread and read again.
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Old 09-07-2018, 10:46 AM
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Is this appointed counsel? Reason behind the denial of his appeal can and will be an issue if the new counsel will accept it. If you husband is still going to due his appeal on the same issues that were denied. Or was the denial for a technicality in the original filing . Since your husband fell out of Fresno County his appeal would fall in the California, 5th District Court of Appeal. His counsel could come for any where in California. May I suggest that he try and get counsel appointed from Central California Appellate Program https://www.capcentral.org/default.aspx They Work in the Third District Court of Appeal, and the Fifth district Court of Appeal only which means the understand and know what the Justices sitting on these benches are like.
There is plenty of information on their web site I listed that will help you better understand the appeals process. I suggest that you start at the starting an appeal (Just click it I hyperlinked) There is much much more information on the CCAP web sit that is helpful take your time reading it. Yes it time consuming and at times difficult to understand. take your time and read reread and read again.
This was his first appeal and it was done by an appointed counsel from the Central California Appellate Program. He did not say much except to call the counsel in which was referred to him by the appointed counsel. He also mentioned that he wanted to file a habeas corpus appeal due to extraordinary circumstances. That was all he said and that is all that I have to work with.

Thank you for the information/resources. I will give that a read. Also, now that I know that any counsel can represent him, I will most definitely expand my search for one.
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Old 09-07-2018, 10:56 AM
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This was his first appeal and it was done by an appointed counsel from the Central California Appellate Program. He did not say much except to call the counsel in which was referred to him by the appointed counsel. He also mentioned that he wanted to file a habeas corpus appeal due to extraordinary circumstances. That was all he said and that is all that I have to work with.

Thank you for the information/resources. I will give that a read. Also, now that I know that any counsel can represent him, I will most definitely expand my search for one.

Any counsel that is an Appellate Attorney in the State of California.(just for clarity I mentioned this) You do know that you can look up the courts decision in the opinions section at http://www.courts.ca.gov/ published opinion and unpublished opinions are listed there Unpublished opinions only go back I think less then 90days

Here is how the courts review the
THE APPELLATE PROCESS
The Court of Appeal presumes a trial court judgment is correct and that any trial court error is harmless unless the appellant shows the error is prejudicial.
The Court of Appeal will reverse a trial court judgment only if the appellant shows there was prejudicial error.
In a civil case, the appellant must present both an adequate record on appeal and an adequate appellant’s opening brief.
An adequate record on appeal is one that includes not only the judgment but transcripts and exhibits from the trial court that enable the appellate court to see what happened there.
If the appellant contends the evidence was insufficient or unbelievable or that a reasonable trial judge or jury should or could not have believed the testimony of the winning party, the appellant must present all the relevant reporter’s transcripts.
An adequate Appellant’s Opening Brief must present identifiable, recognizable issues and support them with understandable arguments that (a) cite the record on appeal and (b) cite pertinent legal authorities.
The appellate court will not search the record on appeal to find the support for the appellant’s position.
An appellant waives or forfeits any issue not coherently presented in the Appellant’s Opening Brief.

As this court once wrote: “When practicing appellate law, there are at least three immutable rules: first, take great care to prepare a complete record; second, if it is not in the record, it did not happen; and third, when in doubt, refer back to rules one and two (Protect Our Water v. County of Merced (2003) 110 Cal.App.4th 362, 364.)


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Last edited by Patrickj; 09-07-2018 at 04:41 PM..
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Old 09-07-2018, 04:31 PM
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Okay, I think what's going on here is that both trial and appellate counsel were appointed. His appellate attorney information was the information the OP was talking about?

Look, a habeas is done either pro se or by counsel you pay for - they are not appointed. If he should file pro se, he needs to pay particular attention to Patrick's last paragraph.
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Old 09-07-2018, 04:34 PM
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Let’s also be clear that there are basically only 2grounds for a hc; ineffective assistance of counsel, and new evidence. New evidence is evidence that did not nor could have been known at the time of trial. Arguing, “extenuating circumstances” is not Going to get him anywhere.
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Old 09-11-2018, 12:26 PM
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He only gets one appeal. If the appointed appellate attorney did not file a state habeas corpus petition as part of the California appeal, s/he deemed there were no legitimate grounds for filing one or else s/he would have filed one. If your husband disagrees with that conclusion, he should file a habeas corpus petition himself. Hiring a new appellate attorney will be very expensive as that attorney will have to review the entire record that the first appellate attorney reviewed, and it is not likely to be money well spent because the new attorney is likely to reach the same conclusion as the first one, particularly as the private criminal appellate attorneys are the same attorneys who take retained cases. If the first appellate attorney raised issues in the appeal claiming that there were errors at trial that violated the United States Constitution, your husband can file a habeas corpus petition in federal court. Again, unless money is no object, he should do this himself. The federal habeas corpus form is not hard to fill out, and he can attach the briefs from the California appeal so the federal court can see what the issues are.
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Old 09-11-2018, 03:59 PM
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Let’s also be clear that there are basically only 2grounds for a hc; ineffective assistance of counsel, and new evidence. New evidence is evidence that did not nor could have been known at the time of trial. Arguing, “extenuating circumstances” is not Going to get him anywhere.
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Originally Posted by yourself View Post
Let’s also be clear that there are basically only 2grounds for a hc; ineffective assistance of counsel, and new evidence. New evidence is evidence that did not nor could have been known at the time of trial. Arguing, “extenuating circumstances” is not Going to get him anywhere.
Thanks, I'm not sure exactly what he's referring to when he says "extenuating circumstances". I'm guessing that he did not want to say it over the phone. Can't get much information as I live in the midwest while he's in the west coast.
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