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My brother was convicted of first degree murder about 3-4 years ago, is it too late to file for an appeal?
Los Angeles, CA
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Posted 4 months ago in Appeals
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My brother was convicted of being the shooter in a murder case. He was tried with another person involved & were both represented by different lawyers. There was a third party involved but his case was tried separately. My brother ended up with a public defender and at the time had a record of being an active gang member, not true. I feel there were a lot of discrepencies in his case solely based on that matter. There were witnesses who testified my brother as the shooter, others said to be the other person & some were unsure. Also there was no detection of GSR but in the end my brother got 25 yrs to life w/o the possibility of parole while the other guy only got 7 yrs & the last guy was granted freedom. This happened years ago, is it too late to file an appeal and/or what is the process?
Answers (3)
Brian Richard Dinday
This attorney is licensed in California.
Posted 4 months ago.
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It is too late.
Timothy A. Provis
This attorney is licensed in California and 1 other state.
Posted 4 months ago.
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Dear ?,
Ordinarily, a notice of appeal must be filed within 60 days of sentencing in California. However, if your brother asked his trial attorney to file an appeal, or his counsel led him to believe an appeal would be filed, but no notice was filed on time, your brother can petition the superior court for a writ of habeas corpus asking to be allowed to file the notice late because of ineffective assistance of counsel. The California courts are empowered to grant relief from his default in these circumstances. Before filing such a petition, though, he should have an experienced appeals attorney review his record to see if he indeed has any legal basis for an appeal, that is, is there any legal error in the case which could result in any relief to him? You may call me about this matter at (414) 339-4458 if you wish. I have been doing criminal appeals for 30 years and am a member of the U.S. Supreme Court Bar. Yours sincerely, Tim Provis Cal Bar No. 104800 Wis. Bar No. 1020123 
Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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As you've been advised, unless there's some ground for not having filing for an appeal within the 60 days from notice of entry, then if years have gone by, it's too late.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
