My appellate attorney turned in his review of my criminal prosecution so now we have to wait and see. He told me he contacted the attorney who represented me in the trial and got whatever his input is, but the prosecuting attorney from the City Attorney's office never got back to him despite repeated requests. He says it's not a big deal, but I'm not sure. If it's not a big deal, why bother to get input from either of them? So my questions are:
#1. Is it important in the appeal to get whatever feedback or information he asked?
#2. If one or both don't respond is it no big deal as he stated?
Who cares what the prosecutor has to say?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I do not think it is beneficial for a criminal defense appellate attorney to speak much with a prosecuting attorney. If he does, then his mind might start to think in terms of prosecuting the case rather than defending it. Some appellate attorneys make a point of NOT talking to the trial attorneys. The minds of trial attorneys are cluttered with facts and inferences from facts that are not contained in the written record of the case. But the court of appeal will only consider what's actually in the record. So honestly I do not think it is a problem if the prosecutor does not communicate with your appellate attorney.
Available to represent Family Law clients in the Counties of San Bernardino, Los Angeles and Riverside.
Keeping in mind that I do not practice in California, and that the procedure in that state might warrant a different answer I would say based on my experience that:
1. It might sometimes be helpful to hear the point of view of the attorney who defended that case at trial, but it is neither necessary nor important, just a nice little extra that may be slightly useful, or may not be. It would never bother me not to have it.
2. In forty years of criminal appellate practice I have never sought the opinion of the prosecutor and I have never heard of an appellate attorney who did. That one is new to me. Maybe it is a California practice.
It might be helpful for an appellate attorney to speak to the trial lawyers, but it is certainly not necessary. The Court of Appeal will decide your case on its merits as reflected by the briefs and by the trial record, and the opinions of the prosecuting attorney is irrelevant to that process.,
I am not your attorney, and nothing contained in this communication is intended to be, or shall be deemed to be, legal advice, counsel, or services provided to you or on behalf of you or any other person or any entity. My comments are general statements of law that are not specific to your situation. Use of the Avvo website does not create any obligation or relationship between you and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Herb Fox is not privileged or confidential, and you should not post any information that you intend to keep confidential. Finally, your situation may be governed by legal deadlines, and you may lose your rights if you do not or did not act within those deadlines. You are solely responsible for meeting those deadlines until and unless you retain an attorney.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements