How to appeal an appellate court decision from Los Angeles Superior Court ?

Question

I was maliciously prosecuted by the catholic church for a crime that never happened.  A jury found me not guilty.   My public defender missed the deadline for filing my factually innocent.  I lost in Superior court twice and in Appellate court twice.  I lost in appellate court twice. My court appointed appellate attorney refused to give some background information I asked to be included.  She never told me I lost 2 months ago.  She said she sent an email.  I do not check emails.  I dont get a phone call?  Or a letter?  Or court documents ?  Or anything?   How do I appeal to the next court?

James L. Arrasmith · Answer

I'm sorry you're going through this difficult situation. To appeal a decision from the Los Angeles Superior Court, you typically need to file a notice of appeal within a specific timeframe, usually 60 days from the judgment. It's important to ensure all necessary documents and grounds for appeal are properly submitted to avoid missing deadlines. 
 
Since you've already gone through Superior and Appellate courts, you might consider seeking assistance from a legal aid organization or a different attorney who can review your case and provide guidance on the next steps. They can help you understand if there are any additional options, such as filing a motion for reconsideration or exploring other legal remedies. 
 
Make sure to keep track of all court communications moving forward. Request that any important information is sent via mail or another reliable method to ensure you receive updates promptly. Taking these steps can help you navigate the appeals process more effectively and work towards resolving your case.

Michael Patrick Hernandez · Answer

I'm sorry to hear about your situation; it sounds incredibly challenging and frustrating. If you've been through multiple levels of court and are facing difficulties with your representation, you may still have options for appealing your case or seeking legal recourse. 
 
Seek New Legal Representation: Given your experiences with your previous public defender and appellate attorney, it may be beneficial to consult with a different attorney who specializes in criminal appeals or wrongful prosecution. HHJ Trial Attorneys can provide guidance tailored to your situation and help you navigate the appeals process. 
 
Determine Grounds for Appeal: An experienced attorney can help you identify valid grounds for an appeal, such as ineffective assistance of counsel, procedural errors, or new evidence that may support your claim of factual innocence. 
 
Understand the Appeal Process: Typically, you would need to file a notice of appeal to the next court level within a specified timeframe after receiving the appellate court's decision. Your new attorney can assist you in ensuring that all necessary documents are filed correctly and on time. 
 
Consider Filing a Motion: If you believe there were significant issues with your previous representation, you might also explore filing a motion for reconsideration or a motion for a new trial, depending on the specifics of your case and the court's rules. 
 
Document Everything: Keep a record of all communications and documents related to your case. This documentation can be crucial for your new attorney in assessing your situation and formulating a strategy for your appeal. 
 
Taking these steps can help you move forward and explore your options for challenging the outcomes you've experienced. Having the right legal support can make a significant difference in navigating this complex process.

Q: How to appeal an appellate court decision from Los Angeles Superior Court ?