It is impossible to make any general statement about evidence an accused must present to defend against a charge of rape. The evidence depends on the facts of the individual case. As far as the rape law, you can look that up for yourself at www.legis.state.wi.us/rsb/stats.html
You are asking about the rules the U.S. Supreme Court uses to decide when a new ruling on constitutional law it makes will apply to cases which have already been tried. If a person appeals his/her state court conviction and the state court appeal has still not yet decided the appeal when the U.S....View More
The Brady rule provides that if the prosecution withheld exculpatory evidence from the accused during the trial, then on appeal, the court must order a new trial. Exculpatory evidence is evidence which had a reasonable probability of changing the result of the trial had it been presented to the...View More
After reading court documents it looks like they just went on one witness view and that's all do you think we have a good chance of appeal if the find it was not premeditated murder and slot of other key facts he has paddock Ned for an appeal but I don't know the states at the moment
No one can tell you the chances of success on appeal from what little you have written about the case here. Only an experienced appeals attorney can evaluate the case after reading the entire record and researching the precedents. The testimony of a single witness, if believed by the jury is...View More
The best thing you can do for him is to help him find an experienced criminal appeals lawyer to evaluate his case for a possible habeas corpus petition in either state or federal court. Of course, money is going to be needed for this attorney.
Very likely, yes. This is because of a basic rule on appeal that if the trial court judge makes the right decision but for the wrong reason, the appeals court will affirm the decision. On the other hand, if the respondent never argued these new grounds in its brief to the court of appeals, then...View More
You are apparently really asking what the chances are of success on appeal. No one can answer that with any kind of mathematical certainty. Most appeals are denied so the chances of succcess in general are small. But, in any particular case the chances may be much greater depending on the...View More
No, you cannot appeal 9 years later. But, if there is a basic error in sentencing, then you can file for habeas corpus in the superior court where you were sentenced. You should consult with an experienced criminal appeals attorney about this.
There is at present no statutory limit to the number of California state court habeas petitions an inmate can file. However, an inmate in Califoria can file only one petition in federal court for habeas corpus.
You can't. Counsel who have enough experience to do this cannot and will not do it for free. But you can get a lot of basic info from the California Habeas Handbook which was written for lay people to help them understand how to file the writ. Go to...View More
If you file a motion to withdraw plea before sentencing, see Cal. Penal Code §1018, you can conceivably withdraw the plea if there are proper grounds. No one but an experienced criminal attorney can tell you what the chances of success of either your motion or your appeal are. You should consult...View More
If there was a legal issue related to the imposition of these sentence enhancements, then there may be a basis for an appeal. You must consult with an experienced appeals attorney to find out if there is any such issue in your case.
If neither you nor your lawyer filed a timely notice of appeal (in a felony case in California it must be filed 60 days after sentencing)then you lost your right to appeal. There might be facts in your case which would justify resurrecting your right to appeal, but only an experienced appeals...View More
You can appeal anything you want if you file a notice of appeal on time. But the real question is: could the appeal be successful. Only an experienced appeals attorney can answer that question and I cannot urge you too strongly to consult with one about this matter.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.