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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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Old 05-19-2017, 02:17 PM
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Default How can I help with his appeal?

Where do you suggest that I go to help with his appeal? He got caught up on the felony murder rule while not being the actual killer. I helped with his recent appeal to have his sentence reviewed due to incorrect theory the Judge had ruled on. They approved for it to be revisited. Is this a good step or just protocol? Sorry I just don't know what or who else to discuss my questions. Or point me in the right direction
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Old 05-19-2017, 02:25 PM
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I've split your post into a new thread because we're going off the original visiting topic.

I'm not overly familiar with the appellate process but I know there are plenty who have experience and can comment. Hang tight, hopefully someone will drop by soon and give you some advice.
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Old 05-19-2017, 03:50 PM
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Quote:
Originally Posted by DayandNight View Post
Where do you suggest that I go to help with his appeal? He got caught up on the felony murder rule while not being the actual killer. I helped with his recent appeal to have his sentence reviewed due to incorrect theory the Judge had ruled on. They approved for it to be revisited. Is this a good step or just protocol? Sorry I just don't know what or who else to discuss my questions. Or point me in the right direction

First thing he needs is a qualified appellate attorney. He can get one appointed. Doing an appeal pro-se isn't the best move in the interest of the appellant. There are many Appellate Programs here is California that are court appointed.
The problem with pro-se appeals you may miss and issue, or not mention something that later may need to be brought up at the Federal level
Here is a link with appeal information http://www.courts.ca.gov/8453.htm
This information is from the Third District Court of Appeals. Most of this information is state wide I choose the Third District, because I am familiar with this District.
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Old 05-19-2017, 04:01 PM
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He needs to get in contact with a group, such as Appellate Defenders. Or whatever the appropriate agency of that sort is in the state district in which he was originally tried.

He needs to do it. It's his case. You can't initiate it. If you contact them the only information they might give you is whether the case is in their area or not based on the county he was originally tried and sentenced in, and if it's not, they may be able to tell you who to contact instead.

What you can do is confirm information as far as who to contact and give it to him. But he's going to have to put pencil to paper and stamp to envelope and ask for help at this point.

You may be able to get a consultation with an attorney, but appellate attorneys tend to be very expensive when you go out of your own pocket (several times more than a regular criminal attorney handling preliminary issues, and even more than many criminal attorneys' base fees for going to trial, which is definitely not cheap.)

Keep in mind that for Felony Murder Rule to apply, he does not have to be the actual killer. He merely has to have participated in a felony act that resulted in somebody's death. I'm not sure what the basis and merits for appeal would be here.....

It's worth researching, but it's also worth nothing that an appeal is a difficult up-hill battle and the odds are generally stacked against criminal defendants. Unless there was a truly gross error by the judge or extreme incompetence from your LO's attorney in handling the case, most of the time smaller errors are judged to not be detrimental to the outcome of the case.

If knowing that you would still like to put time and energy into it, I'd start with ADI-San Diego (linked above) and go from there.

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