Legal Question in Criminal Law in California

Good luck with your research and homework. Many professors are Internet savvy and posting the question online may not work out well...

Taking the question at face value, instead of assuming it is from a lazy student, your guess is as good as any. If you are willing and able to hire counsel to make the appeal argument, do so. The Ninth Circus court of appeal is so unpredictable that anything is possible here.

While I do not handle appeals, I can refer you to an attorney who specializes in appeals. However, you must be aware that specialists will need to be retained to do all the research neccesary to attempt to get a conviction overturned, based on this new law. Most attorneys that are good are in the 5,000.00 range for the legal research, putting together the motions and legal documents neccary, and the oral arguement before the Court of Appeals. If you desire to move forward, knowing the above, give me a call at 661-267-1313 and I will refer to the appelate attorney. I wish you well ......David Wallin

The argument you propose seems far-fetched to me. The legislature and governor are generally authorized to decide whether a new law should be retroactive.

My initial reaction might be wrong, of course. If you would like to discuss your case in more detail, you should feel free to contact me directly. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with many years of experience.