Legal Question in Criminal Law in California

I have a friend who is serving a life sentence for attempted murder, he was not the shooter, he was the driver of a car that his passenger shot out of his window, unbenounced to him. He never gave up the name of the shooter. 13 years has passed and the shooter has been dealing with the guilt of not coming forth, the shooter is now willing to give up a statement nameing hisself as the shooter. How and does this information change things for the person already serving the life sentence now?


Asked on 6/14/10, 2:03 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

It probably doesn't, unless he is willing to testify to what happened *and* his version of events is materially different from the one the jury believed. Your friend could bring a habeas corpus petition based upon such testimony, but it's hard to say what his chances would be.

If the jury understood that your friend was not the shooter but believed that he knew the passenger was going to shoot someone, then his conviction and sentence were probably both justified. They would have been mistaken if, as you say, your friend had no idea this would happen. But the judge who hears your friend's habeas petition might not believe the shooter's testimony.

I have a great deal of experience in appeals and writ petitions, and I am certified by the State Bar of California as a specialist in appellate practice. Please feel free to contact me if you want to discuss your friend's case further.

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Answered on 6/14/10, 5:13 pm


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