Legal Question in Criminal Law in California

Denial of post-conviction rights

My incarcerated friend was imprisoned without evidence. He was denied his right to represent himself. He was denied his right to replace his existing public defender. His current public defender refuses to file his appeal for him. When he presses the issue, she curses at him. She does not respond to his letters, much less visits him, neither does she return any of his friends calls on his behalf.

Since the courts have refused him a new public defender, and refused him his right to represent himself, is there any alternative left him? What can his friends do on his behalf and what are his friends allowed to do? Is there an office where his friends can complain on his behalf?


Asked on 2/07/98, 12:21 am

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Denial of All Rights After Conviction

You make an impassioned plea for justice, butyou do not present sufficient facts for me todiscern what, exactly, has happened here. Everyperson convicted of a felony and sentenced toState Prison has one appeal as a matter ofright where the Court of Appeal must considerhis claims and rule on them. It doesn't takea lawyer to write a notice of appeal, it is only one sentence long. "Defendant, -----, hereby appeals to the California Court of Appeal, ----- Appellate District, from the judgment of the Court enteredon -----. 1998" The notice must be filed inthe Superior Court where the judgment was made.The notice must be filed within sixty days of the judgment. There are very few exceptions to the sixty day limit. I have never heardof a person being denied counsel on appeal byany California Court of Appeal.Call the California State Public Defender's Office in Sacramento with questions. They arean office that handles appeals only and notany pending cases. Good Luck.

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Answered on 2/16/98, 2:44 am


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