Legal Question in Appeals and Writs in California
criminal law- post conviction case matter
defendant has been charge and given a conviction on evading a custodial officer not a peace officer. Yet, they assert that the defendant was shooting at them in a high speed chase. also, when shots are fired by these supposed officer(custodial) ones he defendant theodore is running mainly for his life and is apprehended in broad daylight and has witness(s) to assert to his innocense of shooting at the officer. However, after arrest is made and test and residue for gun powder is taken he is found to have shot a gun sometime that day. Now, it gets more interesting he is searched and they canvus where he was driving from and no GUN is found. there are many shoots fired and no gun is found for the suspect/defendant at all. Also, he is alledged to have been in a gang torso or rivaly meeting.....however that is not proven at all nor is it a practical thing to say he is a gangbanger when evidence support he is not. also a witness is supported to have said that theodore did not have a gun...but likely the sheriff department wanted to shoot 2 black boys because they heard shots from there vencinity. these are just a few of the facts as we know them. what would a good appeallate atty. do with this type of case to seek innocense.
1 Answer from Attorneys
Re: criminal law- post conviction case matter
Your arguments are about facts, but questions of fact are for the jury (or the judge if there is no jury) to decide. The Court of Appeal is concerned with whether the case was handled properly. It will consider, for example, whether the judge admitted evidence that should have been excluded but it will not consider whether the jury should have believed one side's evidence instead of the other's. Unless the prosecutor's evidence was so weak that no reasonable person could possibly have found the defendant guilty beyond a reasonable doubt, arguments like yours will not succeed.
There may be other arguments available to this defendant. I'm not saying that he doesn't stand a chance. My point is that the particular arguments you have made are very unlikely to get him anywhere.
Feel free to contact me directly if you want to discuss the case further. I have many years of experience in the appellate courts and am certified by the State Bar's board of legal specialization as a specialist in appellate practice.
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