Writs & Appeals
A criminal defendant has an absolute right to an appeal and the appointment of an appellate attorney if they were convicted of a felony in a bench or jury trial. The process of appealing a conviction is not only tedious but substantially complex since it involves having to review the entire trial transcript to locate issues. Issues of witness credibility are not often addressed in appeals, instead the appellate court leaves the weight of credibility with the judge or jury. Once the issued are compiled, appellate defense counsel writes and submits an “opening brief” for appellate review. The attorney general’s office then submits a reply brief contesting the issues outlined in appellant’s opening brief. Once all briefs have been submitted, an oral arguments hearing is scheduled to address the issues before the appellate court.
Common appellate issues include:
- Ineffective Assistance Counsel
- Prosecutorial Misconduct
- Jury Instructional Error
- Juror Misconduct
- Sufficiency of the Evidence
- Prejudicial Evidentiary Error
- Unlawful Search & Seizure
A writ is similar to an appeal as it’s brought before the appellate court, but it’s a pre-conviction attempt for review. For example, if an attorney files a motion to suppress evidence after police officer’s committed an unlawful search, and the judge denies the suppression motion, the attorney or defendant can file a “writ” in the appellate court requesting review of the judge’s decision. The writ will be reviewed by the appellate court to determine whether the judge made a sound decision or erred in their ruling. Writs are not commonly filed because the process is tedious and the time used in preparing a writ is generally used for defense strategies at trial.
Free California Writs & Appeals Attorney Consultation
If you or a loved on has been convicted of a criminal offense and wish to seek appellate relief, contact Los Angeles Criminal Defense & Appellate Attorney John Rogers at the Law Offices of John D. Rogers for free consultation. Mr. Rogers is located at 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. Call 877-888-9820 for a free confidential consultation. Mr. Rogers is available 7 days a week.