Legal Question in Criminal Law in California

If you were denied severence from your co-defendant and co-defendant case,with the prosecution wanting to keep co-defendant case counts 1 through 11 and your case counts 12 and 13 to help make their argument stronger.. If new evidence comes into play, and the co-defendant and his case are exonerated from counts 1 through 11, does that mean that the opening statments, evidence that is now dismissed presented during trial, and closing arguments..are irrelevant? reason I am asking is because my husband was denied severence from this exonerated man and dimissed case, and we know that he was found guilty by association and confusion that caused predjudice in the jury convicting him. I just want to know now that his co-defendant has been exonerated on the case that we were denied severence from, that made it much easier for the prosecution to ge thr jury to convict my husband and they connected everything in his co-defendant's case to my husband's case. Please help, as i would think we have new evidence with this exoneration and considering my husband is still doing time, I would like to think this is grounds to file a motion for new evidence. TY ahead of time


Asked on 12/07/12, 12:31 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Again, their dismissal is irrelevant to your case, unless actual 'newly discovered evidence' useable in your case could be the grounds for motion. What applied to their case may not apply to yours. Or, you have grounds for an appeal based upon trial errer, and your are still timely for bringing it. Again, if serious about hiring counsel, feel free to contact me.

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Answered on 12/07/12, 1:13 pm


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