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Our Recent Appeals Posts

California State Court Decision To Use Appellant’s Silence Against Him At Trial Violated The Fifth Amendment; Ninth Circuit Grants Habeas Petition

September 17, 2010

Appeals

Paul Wallin

California State Court Decision To Use Appellant’s Silence Against Him At Trial Violated The Fifth Amendment; Ninth Circuit Grants Habeas Petition On August 23, 2010, the Ninth Circuit Court of Appeals granted the appellant’s habeas petition because the California Court of Appeal’s ruling that the appellant’s post-arrest silence may be used against him at trial […]

Juvenile Defendant In California Granted New Trial Where His Lawyer Provided Ineffective Assistance Of Counsel

September 13, 2010

Appeals, Juvenile Crime

Paul Wallin

Juvenile Defendant In California Granted New Trial Where His Lawyer Provided Ineffective Assistance Of Counsel A 17-year-old California juvenile who was convicted of lewd conduct and child molestation charges was granted a new trial after shocking revelations by his public defender who acknowledged that he was woefully unprepared and unable to properly defend the case. […]

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.

August 18, 2010

Appeals

Paul Wallin

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. 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 […]

California Appeals Court Holds That A School Security Officer Is Not A “Public Officer” In Juvenile Criminal Case

July 20, 2010

Appeals, Juvenile Crime

Paul Wallin

California Appeals Court Holds That A School Security Officer Is Not A “Public Officer” In Juvenile Criminal Case A campus security officer at a California high school received a report of vandalism and pursued a group of students he suspected were involved in the vandalism. While pursing the group of students the security officer yelled […]

Trial Court Abused Its Discretion In Failing To Grant Continuance After Appellant’s Attorney Was Arrested On Day Of Trial

July 9, 2010

Appeals

Paul Wallin

Trial Court Abused Its Discretion In Failing To Grant Continuance After Appellant’s Attorney Was Arrested On Day Of Trial In an unpublished opinion decided on June 25, 2010, the California Court of Appeal held that the trial court abused its discretion in refusing to grant a trial continuance after appellant’s attorney was arrested on the […]

California Court Of Appeal Rules That Lack Of Expert Identification Witness Was Not Ineffective Assistance Of Counsel

June 25, 2010

Appeals

Paul Wallin

California Court Of Appeal Rules That Lack Of Expert Identification Witness Was Not Ineffective Assistance Of Counsel In People v. Datt, the Sixth District of the California Court of Appeal held that appellant trial counsel’s failure to present an expert witness in a trial where an uncorroborated identification is at issue did not constitute ineffective […]

San Francisco Crime Lab’s Mishandling of Evidence May Lead to New Trial for Federal Defendant

June 18, 2010

Appeals, Federal

Paul Wallin

San Francisco Crime Lab’s Mishandling of Evidence May Lead to New Trial for Federal Defendant 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 […]

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

March 25, 2010

Appeals, Sex Crimes

Paul Wallin

Crime in One County Can be Joined with a Crime in Another County - California Penal Code Section 288 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 […]

What Happens When a Judge Miscalculates a Pronounced Sentence?

March 13, 2010

Appeals

Paul Wallin

What Happens When a Judge Miscalculates a Pronounced Sentence? When a trial court states the defendant’s sentence, but the minute order and the abstract of judgment indicate a different length of prison term, the latter would prevail over the reporter’s transcript and oral statement of the sentence by the judge if it contains a proper […]

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

March 6, 2010

Appeals, Law & Information

Paul Wallin

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 […]

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18022 Cowan # 285, Irvine, CA 92614

(949) 776-3424
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(909) 383-1867
(888) 749-0034

Riverside

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(951) 684-3340
(888) 749-0034

Victorville

15437 Anacapa Rd Unit 12, Victorville, CA 92392

(760) 245-3045
(888) 749-0034

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(888) 749-0034

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