Legal Question in Criminal Law in California

Appeals

When a death penalty case goes up for appeal is the evidence that the judge didn't allow in trial also reviewed? In this case there was a glove found in the a car with gun residue on it which was evidence presented to the jury but the judge did not allow the fact that the dna on the glove did not belong to the defendant but to the co-defendant.


Asked on 7/16/07, 12:23 pm

2 Answers from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: Appeals

If the court made a ruling about the admissibility of certain evidence, then the record is preserved on appeal. This means that the argument, briefs, and any other submissions to the court related to the hearing are part of the record that will go to the appellate court for review.

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Answered on 7/16/07, 2:23 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appeals

The issue you describe is one which can be reviewed on appeal. Whether it will be will depend upon whether appellate counsel argues about it in his briefs. Most death penalty cases include a great many issues, and counsel may decide to focus on some while not pursuing others. If this is a signicant issue chances are that the lawyer will make it part of the appeal.

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Answered on 7/16/07, 5:48 pm


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