Legal Question in Appeals and Writs in California

Re: Ordered out of state by,judge unable to appeal

Judges in California (and I presume in other states as well) do not have the authority to banish defendants who are convicted in their courtroom, and few would try to make such an order. Are you quite sure this is what happened in your case?

Even if you were forced to leave the state, nothing would have prevented you from filing an appeal from another location as long as you were not a fugitive at the time.

Your question is not very clear, but it seems to say that you served three years probation and *then* had to leave the state. Your time to appeal would have run out sixty days after the sentence was imposed, so there really was no reason not to file an appeal.

If you can prove your innocence then you should be able to bring a habeas corpus petition -- at least if you haven't already brought one. If you can indeed prove that you didn't commit the crime you should be able to get a remedy.

You will need to explain a lot more about your case if you want a more definitive anser here. Aside from the rather serious questions of why you believed your doctor had died and why you didn't try to verify his death, there remains the issue of what this particular doctor could have said that could not have been proven by another doctor's expert testimony or by your doctor's records. Courts will likely be rather skeptical of your claims here, but few courts will turn away a habeas petition from someone who is demonstrably innocent.

You will likely get only one shot at this, though, so make sure you do it right. I urge you to get a lawyer and not to try to bring this petition on your own. Feel free to contact me directly if you want to discuss this further.

Re: Ordered out of state by,judge unable to appeal

Not in civil writs/civil appeals area