Legal Question in Appeals and Writs in California

Re: instore surveilance ?

There is a very strong possibility if clear, convincing and/or irrefutable evidence here can show your absolute innocense and a serious mistake was made. If you have such evidence, you should retain legal counsel immediately.

Re: instore surveilance ?

To reopen a closed case based on newly discovered evidence, your attorney would have to show why the evidence wasn't presented at the trial. Also, if this in-store surveillance video hasn't been obtained by now, it's probably been erased.

Re: instore surveilance ?

If the video was either presented at trial or excluded by the judge then the court deciding the appeal can consider it. If the video was not presented or excluded it can be used as evidence in a habeas corpus proceeding instead.

Keep in mind, though, that the appellate court is not likely to reverse factual decisions the jury or judge made on the basis of the evidence. If the jury believed the testimony that you say was perjured, it is unlikely that the Court of Appeal will even consider whether the jury made the wrong call, let alone reverse the conviction on that basis.

The defendant may have a better chance in a habeas corpus proceeding, where some types of factual arguments he can't make in his appeal will be available to him.

Please feel free to contact me directly if you want to discuss these options further.

Re: instore surveilance ?

You can try anything. The decision will be up the the judges hearing the motion. Make sure it is done properly and effectively. If you have newly discovered and credible evidence of factual innocence, then it is worth a shot. Feel free to contact me if interested in doing so.

Re: instore surveilance ?

Obviously from all the answers you got, this is not a question that can be answered without knowing all the facts and case history and research. Get an attorney and pay them to help you with your case; your 25 to life is worth it.