Legal Question in Appeals and Writs in California

Re: apealing a conviction on rape

If he didn't rape her, why was he convicted? How long ago did this happen? Where was his lawyer?

Re: apealing a conviction on rape

A motion could be filed. Declarations will have to be obtained. The Court record will have to be examined. It is possible to overturn verdict. When was verdict granted?

Re: apealing a conviction on rape

There may very well be sometning that we can do in this matter. Please call me at (800) 313-9619 to further discuss this matter.. There is no fee for this consultation

Re: apealing a conviction on rape

Whether he can appeal or not depends on how long ago he was convicted, but even if he still can appeal he will not be able to use the niece's new statements in the appellate court unless he first brings a motion in the trial court.

If he has already filed an appeal, it may not be possible to make a motion in the trial court because trial courts lose jurisdiction over many aspects of a case when it is appealed. He would still have the option of a petition for habeas corpus, and the niece's statement could be used there.

Whether any of this will do your nephew any good is hard to say. Presumably the niece was not the only witness who implicated him, and if one witness changes her story while the rest stick to their original testimony the courts may not be persuaded to intervene. It depends upon how critical her testimony was to the conviction and whether her change of heart seems sincere.

Please feel free to contact me directly if you want to discuss this case in more detail. I am certified as a specialist in appellate law by the State Bar of California's board of legal specialization and have handled many criminal appeals.