Los Angeles, CA asked in Appeals / Appellate Law and Criminal Law for California

Q: I am in Appellate Division Appeal-Misd Supreme Court in California. If I lose where would I appeal to ?

Filed for Factually Innocent. Prosecutor is fighting me over it.

2 Lawyer Answers
Charles William Michaels
PREMIUM
Answered

A: First, I am not a CA lawyer. But as I recall, the Supreme Court of CA is the state's highest appellate court. If that's correct, the only option available is to appeal to the US Supreme Court--by writ of certiorari in the first instance.

1 user found this answer helpful

Joseph Abrams
PREMIUM
Joseph Abrams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, there are three levels of courts, including superior court (trial court), appellate court (first appeals), and the supreme court (final appeals). In rare cases, you may be able to also file in federal court after exhausting all of your state appeals. There are also three levels of federal courts, including district court (trial court), circuit court (first appeals), and the U.S. Supreme Court (final appeals). You should consult a criminal appellate attorney to determine your options.

- Law Office of Joseph Abrams, Anaheim, CA

1 user found this answer helpful

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.