Legal Question in Criminal Law in California
if a convictions gets overturned and a person has served jail time
and then gets retrailed for the same crime can the Judge prevent the defense attorney
from presenting evident to the jury such as DNA EVIDENCE
WHICH IS THE REASON IT WAS OVERTURNED
Asked on 10/27/10, 8:01 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
If it was overturned by the Court of Appeal, on retrial, the trial court must follow the instructions contained in the opinion and the remittitur.
Answered on 11/01/10, 9:20 am
Edward Hoffman
Law Offices of Edward A. Hoffman
That's hard to say without knowing exactly how the Court of Appeal ruled. The trial court must heed the appellate court's ruling the next time around, but that ruling won't necessarily resolve every issue.
Answered on 11/01/10, 9:31 am
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