Legal Question in Appeals and Writs in California

lawyer incompetent

is it possible to file an appeal if you were found guilty in a case in which you are actually innocent due to the fact that the attorny that you had hired did not do the job you hired him to (represent you)because during your trial attorney had fallen asleep a few times and the judge actually had to inform the attorney when he should have been objecting at various points and times during the trial


Asked on 3/28/08, 7:37 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: lawyer incompetent

Yes. But perhaps a motion to the trial judge by a different lawyer claiming ineffective representation by counsel. An appeal is also possible. Contact another attorney and explain this.

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Answered on 3/28/08, 1:52 pm
Terry A. Nelson Nelson & Lawless

Re: lawyer incompetent

A motion or an appeal can be grounded upon ineffective assistance of counsel. The burden of proof is high, but if the trial transcript and witnesses are strong enough, you have a chance. Feel free to contact me if serious about pursuing this. Keep in mind there are very short time limits on taking action.

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Answered on 3/28/08, 2:22 pm


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