Legal Question in Appeals and Writs in California
Overturning a conviction
I was convicted of a misdemeanor 3 years ago, I was put on probation and that ended a month ago. I filed a Writ of Habeas Corpus which was denied. Being that I am no longer on probation and I have discovered new evidence in my case, that would show an office lied on his affidavit in order to obtain a search warrant. What grounds do I have have now, or what motion or Appeals are available to me now. Please advise.
1 Answer from Attorneys
Re: Overturning a conviction
The time to file an appeal is over. You do have the right, however, to seek a writ of habeas corpus. Normally, courts frown on second attempts to get habeas relief, but they are willing to consider a second petition if it is based on evidence which was unknown and which was not reasonably discoverable at the time of the original petition.
Of course, you would have to prove that the officer lied. Depending on the specifics of your case, this might not be enough to get your conviction tossed out even if the judge is persuaded that the officer did lie as you state. I would need to know more about the case before I could even begin to assess your chances.
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