Legal Question in Criminal Law in California

Re: unfair trial

Should the case have been dismissed? Well, it wasn't, and he pled guilty. An appeal would now be his only option, based on claims of lack of proper representation. If he wants to do so, and it is still within the time limits, feel free to contact me to discuss the procedures and costs.

Re: unfair trial

Being on drugs at the time almost certainly would not warrant a lesser conviction. Unless the evidence showed that the defendant could not form the intent to cause death or great bodily injury, it would make no difference in a California courts.

(Some states recognize a defense called "diminished capacity"; evidence of drug use could be used to establish that defense. California no longer recognizes diminished capacity so it would not have helped the man you describe.)

If the only reason the defendant testified was to show remorse then his testimony should have come at the sentencing hearing. If he instead testified at trial (i.e. before he was found guilty) then the lawyer probably made a serious mistake. What matters, though, is whether this mistake affected the outcome of the case. There is no way to know this based on the limited information you have provided.

The incident with the juror and the relative might matter, but whether it would will depend upon what happened. If, for example, one merely asked the other what time it is and the other told her, the incident would be too minor to make a difference. If they talked at length about the victim or the case, however, the judge probably should have replaced the juror.

The defendant may have strong arguments to make on appeal and/or in a habeas corpus petition, but I would need much more information becore I could say whether he does.

Feel free to contact me directly if you want to discuss this matter further; I am a certificed appellate specialist (per the State Bar's Board of Legal Specialization) and have a great deal of experience in these areas.