Can a California State prisoner make a second appeal?

Asked over 4 years ago - Palm Springs, CA

A California state inmate was sentenced to two life terms for attempted murder with a lot of aggravations added. There was an appeal immediately following the conviction, which was overturned. I believe he did not receive proper counsel by his attorney and ended up getting excessive time given the circumstances surrounding the crime, which never came up at trial. There was also huge media coverage, therefore should have been tried in another county to disallow prejudice. In prison, can he file another appeal through a state appointed attorney (he is indigent) for inaffective counsel or mistrial? I believe there is sufficient evidence for such.

Attorney answers (2)

  1. John M. Kaman

    Pro

    Contributor Level 20

    1

    Best Answer
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    Answered . If he has exhausted the appeal he did take the answer is no. That does not mean he is without a remedy as he can hire a lawyer to file a habeas petition for him. This would allow him to bring out facts not in the appellate record. A habeas petition is difficult to win on the grounds you state and a long drawn out process but it appears to be still open to him.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . Mr. Kaman is correct. A habeus petition is the only remedy that is left

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