Legal Question in Criminal Law in California

A case is entertained by 9th circuit of appeals then is entertained then denied by the United States Supreme Court. Based on a Plea Bargain & DNA. My question 1 is "How can a plea bargain be attacked or argued ? Second question is If the original bases of a criminal case on an alleged Sexuall assult case is surrounded arounded DNA and the Chief MedicalExaminator declares there wsa no signs of penetration force etc. How can that re-introduced back into Superior court ?


Asked on 12/01/10, 2:42 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If this case has made it to the United States Supreme Court, I have to assume you've been represented by attorneys who have gone over the case in great detail. They would be intimately familiar with all the facts, and can give a much more meaningful answer than a stranger on the Internet.

It is probably to late to raise any new issues in the trial court, unless there is some compelling reason they could not have been addressed in the earlier appellate proceedings.

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Answered on 12/07/10, 9:03 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Marshall. I think your question calls upon us to speculate on a lengthy court case that is not before us. If it was a state court proceeding, it was most likely challenged at the federal level by a writ of habeas corpus. Some prosecutors include a waiver of appeal and writ rights in a plea bargain, and some do not. I couldn't tell you the exact procedural method used unless I was familiar with the underlying case.

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Answered on 12/08/10, 10:11 am


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