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Appeals on 2nd degree murder w/ another non-violent crime

Asked over 3 years ago - Los Angeles, CA

How,when, and who starts the appeal process on a conviction of 2nd degree murder w/ another non-violent crime attatched? I was told by public defense attorney a new lawyer would be provided and do this. Is the 1st attorney just dropping the ball? We have no experience with criminal law and need all the help possible. This is a co-defendent case w/ primary defendant convicted of all charges. Thank you for your help.

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Now I found out the jurors had questioned the public defenders defense or lake of defense towards my son. Some have stated they found out after the trial they were lied to and wonder why defense attorney did nothing. What the chances of an appeal if letters from former jurors on the trial are available?

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Attorney answers (1)

C Logan McKechnie

Reputation Level 13

Answered over 3 years ago. Criminal Defense Attorney in Merced, CA.

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In California, you either hire an attorney to do the appeal or, if you son has no money for an attorney, you ask the Appeals Court to appoint an attorney. That is done at the time of the filing of the Notice of Appeal which is filed in the local court's clerk's office and must be filed immedately after sentence. Most likely the Public Defender filed the Notice of Appeal. However, you need to make sure the Notice and Request for Appointment of Attorney was filed. Appeals are individual. It makes no difference whether the co-defendant has filed or not.

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