Q: Can I sue in civil court for errors made in a criminal trial that ultimately resulted in a 50 to life sentence.
Its been proven that SF medical examiner's altered toxicology results of deceased, detective planted evidence (Proven in court. SFPD photographer testified certain items were NOT there until Inspector placed them and asked her to re-photograph).
There are two whistleblowers and ex employees of SFME and 3 books written. This case is beyond tainted. District attorney promised to investigate al cases that Justin Volk (Analyst- Medical Examiner) touched. My friend has yet to be put on the DA's list and refuses to do so. Mano Raju, SF Public Defender refuses to assist as well. . Just last week, Ca Supreme Court ruled CALCRIM 541 erred and overturned People V. Brown. The same instruction was read to jury. There's also volumes of transcripts MISSING. I believe a civil tort action should be filed against City and County of SF, Medical examiners, Public defender, District attorney.
A: You cannot collaterally attack a criminal conviction by filing suit in civil court against the parties who criminally prosecuted you. Your sole remedy is by appeal of the conviction.
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A: Civil suits stemming from criminal trials have extraordinarily high burdens. More importantly, however, prosecutors have complete immunity from civil lawsuits for several reasons. There have only been a handful of cases in the US where a prosecutor committed such an injustice that it equated to fraud on the court and all parties involved. Your only remedy remains in the higher courts to review any legal error that may have occurred during the trial.
Robert Kane agrees with this answer
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A:
your recourse is for your lawyer to file an Appeal.
if your lawyer refuses to do so, it is probably b/c s/he d/n believe there are sufficient grounds to win.
make an appt with a local criminal lawyer to determine their position based on all the facts you provide.
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