Legal Question in Criminal Law in California

how can someone be convicted on surcomstantial evidence,if witnesses were not called to testify on defendents behalf,dna 2% defendent 98% victim, coroner report was inconclusive,and no gpr on defendent. or dna on gun, and gpr on victims hands and shoulder. what is the process we need to go through for an appeal


Asked on 6/30/11, 6:06 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Nothing you have written suggests that the evidence was insufficient. Defendants often don't call any witnesses; that does not mean they can't be convicted. You complain that other types of evidence were absent, but what really matters is what the prosecutor *did* introduce, not what she didn't.

Of course, you haven't told us much about the case. If I knew more I might see a promising argument for an appeal even though I don't see one yet.

Feel free to contact me directly if you want to discuss your prospects on appeal. I am a certified appellate specialist with many years of experience in both civil and criminal appeals.

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Answered on 6/30/11, 6:47 pm


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