Legal Question in Appeals and Writs in California

I don't see how he could get the remittitur recalled at this stage. But he can probably bring a habeas corpus petition instead. That's an alternate way to challenge his conviction.

But the availability of the procedure does not mean there's a good chance it will work. Since you don't say where your husband's recent advice came from, I am skeptical -- especially if the source is the same person who thinks the remittitur can still be recalled.

Your question does not say whether your husband had a trial or entered a plea. That's an important question. If he entered a plea, he has fewer options. Even if he was convicted after a trial, there are many hurdles in front of him.

Why does your husband think his Miranda rights were violated? Even if he can prove that they were, that won't necessarily doom his conviction. At most it would mean some evidence should have been kept out. If the remaining evidence was so strong that the tainted portion could not have made a difference, it won't help him.

There might be a good Miranda issue in your husband's case. But these issues usually are not subtle. His defense lawyer would likely have raised any plausible Miranda arguments. So would his appellate lawyer. The odds that they both missed such an argument but that your husband's mystery adviser found one seem rather slim.

Then there's the matter of the blood test. I have no idea why your husband thinks it might have been illegal. Maybe it was. And maybe the illegality would be a good reason to grant his petition. I would need more facts before I could offer any guidance.

The bottom line is that your husband might have a chance but should not get his hopes up. You and/or he should discuss his case with competent counsel to see how plausible his chances might be. Feel free to contact me directly if you like. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with 20 years of relevant experience.

Good luck.

I generally agree with Mr. Hoffman. The information though more extensive than is usually supplied is to limited to provide much guidance. Does the comment that his appeals are exhausted include state and federal habeas corpus relief? A motion to recall a remittitur would put the case in the Court of Appeal which does not seem an appropriate venue for the issues you mentioned. A motion to recall a remittitur typically involves some default by counsel in the court of appeal that needs correction which is not the issue you mentioned. Good luck.