Legal Question in Appeals and Writs in California

Re: appeal

After three years in prison (Are you out now or did you post your query from behind bars?), I assume your appeal has either run its course or was never started. You cannot begin a regular appeal this long after your conviction.

You might have the option of bringing a petition for a writ of habeas corpus, which is a collateral attack on the conviction and is not the same thing as an appeal. If you have brought such a petition already, you will have a very hard time bringing another absent special circumstances. Still, this seems like the most promising avenue to pursue.

You claim that your case involved police misconduct, witnesses who testified falsely and evidence that was suppressed. I mean no disrespect by saying this, but lots of people convicted of felonies say the same thing. In order to prevail on a habeas petition, you will bear a heavy burden of proving your allegations.

Habeas petitions can also be labor-intensive (depending on the specifics of the case), and you may be unable to pay for a lawyer to draft one for you. If you cannot afford counsel, you should contact the local Federal Public Defender to see whether they will represent you or whether they can help you find appointed indigent counsel. Your local law school might have a clinic that would be interested in working with you (If you are in the Los Angeles area, there is a clinic at USC Law School specializing in post-conviction remedies for Federal inmiates), or your local bar association might be able to help you get pro bono help. Failing that, you might have to do the work yourself. There are a number of books about habeas petitions available in law libraries (including prison law libraries), but pro per habeas petitions are almost never granted. For that matter, even habeas petitions brought by counsel usually fail, but pro pers have it much worse.

If you're on the outside and earning an income, you might be able to afford a lawyer to help you. While I'm sad to say that I can't offer my services pro bono, I may be able to help you on a fee-for-services basis.