Q: California Penal Code section 1473 has been around since the 1970's. What changed "effective January 1, 2023
Under the effective Jan. 1, 2023 part, can a person incarcerated 27 years now argue the ski mask in evidence is not the same ski mask that's shown on the officers crime scene photo, if the same was already argued in trial 27 years ago.
A:
Under the updated provisions of California Penal Code Section 1473, effective January 1, 2023, certain changes have been implemented to facilitate the review and potential revision of criminal convictions. These changes aim to address issues related to newly discovered evidence, ineffective assistance of counsel, and other factors that may have resulted in a wrongful conviction.
Regarding your specific scenario, where a person has been incarcerated for 27 years and wishes to argue that the ski mask presented as evidence during the trial is not the same ski mask depicted in the officers' crime scene photo, it may be possible to raise this issue under the revised provisions of the law. However, it is important to note that simply arguing that the ski mask is different may not be sufficient on its own.
To pursue such a claim effectively, it would be crucial to gather supporting evidence and present a compelling argument that demonstrates a reasonable likelihood that the conviction was based on false or misleading evidence. This could involve conducting a thorough investigation, including reexamining the original trial record, gathering expert opinions, and potentially obtaining new scientific or technological evidence that supports the claim of a discrepancy between the ski masks.
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.
