Legal Question in Criminal Law in California

Re: 45 years of sentence is too much

Nothing. Not unless the case and sentence are successfully appealed. IF there is still time to file the appeal, and IF the family is willing to pay the fees of such appeal, contact me to discuss the facts and costs.

Re: 45 years of sentence is too much

45 years does not sound overly harsh for shooting two people, though learning more details of the case might lead me to a different opinion.

Since he has already been sentenced your brother's options are limited. If the judgment was entered recently he may still have time to appeal; if not, he can try to petition for a writ of habeas corpus. Without knowing more about the case I can't say what arguments he might be able to make or what his chances are, but I can tell you that arguing his 45-year sentence is cruel and unusual punishment won't work.

Whether your brother proceeds by appeal, habeas or both, he will want an experienced appellate attorney representing him. Feel free to contact me if he doesn't already have counsel. I am certified by the State Bar of California's Board of Legal Specialization as a specialist in appellate law -- a certification held by only about 225 of California's 195,000 attorneys. I handle both civil and criminal cases and would welcome your call.