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My husband was wrongly accused of a home invasion robbery and was sentenced 35 to life.

Riverbank, CA |

there was a witness that said it was him in the robbery but she changed her story numerous of times. and changed the description of the man a few times. and we feel like he didn't not have a fair trial. there was no evidence besides that witness. my husband has been incarcerated since 2009. We the family do not have a lot of money so we are asking for help. where can I find a cheap or hopeful pro bono attorney for his appeal?

Attorney Answers 4

Posted

I assume your husband has already had appointed appellate counsel attempt to overturn his conviction. I would recommend trying to contact the Innocence Project. I worked the Northern California Innocence Project in law school and that group has overturned multiple convictions of persons wrongfully convicted. I believe there is also a southern California branch of the Innocence Project. Unfortunately there is a long waiting list to have your case examined by that organization but it is well worth a shot. If there is new evidence, as yet untested physical evidence (DNA, etc), or a recent witness recantation you have a better shot. Good luck.

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Asker

Posted

thank you very much I'm going to try and get in contact with them.

Vijay Dinakar

Vijay Dinakar

Posted

Yes, I assumed in my answer that your husband or his trial counsel had already filed a notice of appeal (within 60 days) and he was already appointed appellate counsel from applicable Cal. App. Project. If he's never had his case appealed, then he should contact CAP immediately. Otherwise he should contact the Innocence Project. Keep in mind with the Innocence Project the more organized your husband in submitting his letter and information, the better chance they will take a closer look. Good luck again.

Posted

It seems that no one filed a Notice of Appeal within 60 days, so, I would see if anybody at the California Appellate Project can help to see if he has what we call a Writ based upon the other attorney at trial, or something else that made the trial unfair. I see you are in Stanislaus County, so I am giving you the number for CAP in Sacramento (916) 444-8828. Good luck

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Asker

Posted

thank you so much for this information we never even heard of CAP.

Posted

Your questions is vague. Did your husband file an appeal of his conviction within 60 days? I ask this because you are looking for an attorney for his appeal. If he didn't appeal within 60 days, it is way too late to file any appeal. If he has an appellate attorney, then I assume the appellate attorney filed the appropriate paperwork within the proper time frame. If so, what is the status of his appeal and why would you be looking for an appellate attorney?

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Asker

Posted

is puplic defender filed for an appeal right after sentencing. he was appointed am appeal attorney but we don't know how this works she has never said anything to him but say she was assigned his case. how long does it take to get an appeal.

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

OK. So he has an appellate attorney assigned to his case. From the date the notice of appeal is filed, it takes about 2 years for an appeal to be heard by the appellate court and an opinion issued. The appellate attorney files an opening brief. The California Attorney General, representing the DA's office, files a response. Then the appellate attorney files a reply brief, After the briefs are filed, the Appellate Court reviews the briefs and files an opinion. If the decision goes against you, you then can request the California Supreme Court to hear your appeal, but the Supreme Court does not have to take your case. If the Supreme Court declines to take your case, you can then file your appeal in the Federal system, starting with the applicable federal district court and then on to the 9th Circuit Court of Appeals and possibly the US Supreme Court.

Asker

Posted

ok thank you for letting me know what happens. and about how long things take . this is his first time in prison and we don't know anything about the step it takes.

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

Glad I could be of some help. I have dealt with a lot of appellate attorneys in my 26 years and each of them does things differently. Some stay in regular contact with me and send me the appellate briefs they have filed on behalf of my clients. And others I never hear from.

Posted

Ask the Innocence Project to assist you.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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