Summary
If your boyfriend was wrongly convicted of felony murder with special circumstances, consider filing an appeal due to potential legal errors during the trial. Appeals focus on identifying mistakes like incorrect jury instructions or improper evidence admission. Consulting with a criminal appeal lawyer in California is advisable. Using past cases, especially from when someone was a minor, can be complex and may require legal scrutiny. The D.A.S actions during the trial could also be relevant for an appeal. Gathering additional evidence and seeking post-conviction relief are crucial steps.Full Conversation
I am chatting in regards to my boyfriend who just lost his trial September 9th, he was wrongly convicted of felony murder with special circumstance, assault with a deadly weapon, and robbery. I believe there were multiple legal errors during the trial
He was not accused of being at the crime scene at the time of the incident, nor was he the shooter he has not been sentenced yet but is set to be sentenced next month, what should we do ?
It sounds like a serious situation and may require immediate legal attention. Here are a few general steps you might consider:
- File an Appeal: Consult with a lawyer to discuss filing an appeal based on legal errors during the trial. Appeals must be filed within a specific time frame.
- Seek Post-Conviction Relief: Explore options for post-conviction relief in California.
- Gather Evidence: Collect any additional evidence or witnesses that can support your boyfriend's case.
Would you like to connect with local lawyers who specialize in criminal appeals?
Should he try for a retrial but or for a appeal
Given the situation, pursuing an appeal seems like a logical step if there were legal errors during the trial. Appeals focus on legal mistakes, while retrials often require new evidence. Consulting with an experienced criminal appeal lawyer in California would be beneficial. Would you like help connecting with local lawyers?
they used a murder case from another state from over 10 years ago when he was a minor in his trial to try to prove awareness and mental state, is that allowed
In California, using evidence from a past case, especially from when someone was a minor, can be complex. Generally, past convictions may be used to show awareness or mental state, but there are strict rules about relevance and fairness. Consulting with a lawyer specializing in criminal appeals or post-conviction relief could provide clarity on whether this was permissible in his trial. Would you like assistance connecting with local lawyers who can offer more specific guidance?
Why should we try for a appeal rather than a retrial
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An appeal focuses on identifying legal errors made during the trial, such as incorrect jury instructions or improper evidence admission. A retrial often requires new evidence not presented in the original trial. Given the legal errors mentioned, an appeal might be more appropriate. Would you like to be connected to local lawyers who can better assist you with your case?
I saw the D.A. shake his head no while his witness he had testifying on a leniency agreement was being cross examined, what can I do about it
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The D.A.'s actions during the trial could be seen as potentially influencing the witness, which might be an issue worth exploring during an appeal. Would you like to be connected to local lawyers who can better assist you with your case?
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