Legal Question in Criminal Law in California

In California the court of Appeals dose not or excludes newly discovered evidence

in criminal appeals to be entered or allowed! My question is this if after trial a defendant finds evidence to prove his innocents how dose one bring forth this evidence before a court? Also if this evidence was discussed in the trial court but ruled to not be allowed by the trial court judge, what dose one do? My case is still pending in the California Court of Appeals the 4th district. can you advise on this matter? The evidence was discovered after trial however it was refered to in the trial court when the victum\witness said he never took any photos of me the defendant where a police report found after trial placed the victum\witness in his turck taking said to id the defendant in court two months later, because the victum \witness could not id the defendant outside the courtroom when asked by the DA if he sees the defendant here outside the courtroom and he stated no he's not here when I a mere six feet away from him. The police report shows him the victum\witness taking photos some five days after that indecent in the courthouse

This evidence was known to the my attorney who said it was unimportant.Howevere there was an incident between myself and the witness where he was at my home one day after the days trial. upon returning to trial the next day I informed my Attorney of the incident at my home the night before, further informed him to ask the judge to allow me not to be present while this witness testified and to tell the judge about the photos he took of me. He did but the judge said it was a case of he said she said and dismissed my allagations but would be only allowed to ask the witness if he ever took any photos only and not anything about the night in question when he actually took the said photos. So the court heard the evidence but didn't see the police report and wouldn't allow it later even on a motion for new trial on one of many grounds including newly discovered evidence


Asked on 12/04/13, 10:41 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If you filed a timely notice of appeal, your appeal can challenge the denial of your motion for new trial. It isn't limited to challenging the verdict and sentence. If the new evidence was presented as part of the motion, then it is in the record and the Court of Appeal will consider it.

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Answered on 12/04/13, 12:05 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If evidence was rejected by the trial court either at trial or a motion for a new trial it can be raised on appeal. If evidence was not discovered until after the trial it can be raised in a writ of habeas corpus.

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Answered on 12/05/13, 12:18 am


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