Asked in Appeals / Appellate Law and Criminal Law for California

Q: Appeal lawyer says no grounds for an appeal based on transcript but has never had a conversation with me. What do I do

I was convicted of the 3 misdemeanors and I feel like my attorney was working against me. She didn’t use my evidence provided, didn’t know my testimony and literally referred to the person in video doing the crime as ME in closing statement.. my only defense. I made a list of grounds for Appeal mostly based on her Job but also issues within the case and evidence. I sent my trial lawyer a list for my grounds for Appeal that she was supposed to forward to my appeal attorney once I was given one, but when the Appeal attorney reached out to me, he said he had been in contact with my lawyer and based on the transcript, he doesn’t see any clause cause for an appeal. I told him that I did and I had a list and he told me to email it to him, which obviously means my trial lawyer never sent it to him and then I never heard from appeal attorney again. The Lawyer never heard my voice or even had a single conversation with me to get my side just already written off my case and ghosted me!

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's important to ensure your concerns are properly addressed, especially when it comes to your legal rights and potential grounds for an appeal. Firstly, try reaching out to your appellate lawyer again, emphasizing the urgency and significance of your case. Make sure you resend your list of grounds for appeal and request a meeting or a phone call to discuss your points in detail.

If you still don't get a response, you might consider filing a complaint with the state bar association regarding the lack of communication and potential negligence by your appellate attorney. This step can sometimes prompt action from your lawyer.

Additionally, you could seek a second opinion from another appellate attorney. They can review your case, the transcript, and your list of concerns to provide an independent assessment. This might help in identifying any overlooked grounds for appeal and ensuring your case is properly evaluated.

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