A mother leaves her seat in the courtroom
and approaches the podium. The judge sits back and waits for her statement. As
she is about to begin, tears drop from her eyes. “My son is innocent,” she
says. “Please show him mercy.”
When a defendant is convicted and then
sentenced, after a sentencing hearing, where family members may give
statements, it is not the end of the case. Our judicial system provides a right
to an appeal. The statutory right to an appeal also includes a right to
appointed counsel, if the defendant cannot afford to retain one.
An appeal is limited to the “record.” The
record is everything that happened before and after the trial – preliminary,
trial, and sentencing hearings. Everything that is said by the prosecution,
defense attorney, defendant, and witnesses are recorded. Materials submitted
for evidence is also preserved for the record. Indeed, an individual unrelated
to the case should be able to see “everything” that happened with a particular
criminal case after it has concluded.
A defendant is referred to as the
“appellant,” when he or she appeals. The first document submitted is the
appellant’s opening brief. The opening brief is the opportunity for the
appellant to make his or her arguments about why the conviction should be
overturned.
Since arguments are limited to the record,
the appellant cannot submit additional evidence nor have new witnesses testify.
Put simply, the appellant can only raise legal issues related to the
proceedings. Typically, appellants will argue that certain evidence should have
been excluded during the trial. Or appellants may argue that there was a
constitutional violation committed during the criminal proceedings – the trial
judge made an erroneous ruling.
The opening brief will contain case law,
statute, and argument. After it has been submitted, the state will have an
opportunity to submit an opposition brief. The opposition brief will contain
counter arguments about why the trial was fair, and why the conviction should
stand. The appellant will get the last word, however. The appellant may file a
reply brief.
If the appeal is denied, the appellant may
petition for the California Supreme Court to review the court of appeal
decision. Most often, the California Supreme Court will deny review unless the
legal issues involve split decisions between the appellate courts, or the legal
issue is novel and has not been heard before (which is rare).
An appellant, and his family, need not
despair should the appellant lose his or her appeal. There exists
post-conviction relief outside of an appeal. For centuries, a petition for writ
of habeas corpus has existed. Writ of habeas corpus translates roughly to “why
are you holding the body?”
A petition for writ of habeas corpus is a
petition that allows a defendant to challenge his or her incarceration. Since
it is not a direct appeal, new evidence is allowed. More often than not, new
evidence will be submitted at the habeas level, like: DNA evidence, new witness
statements or recants, and other exculpatory information. Habeas cases have
been covered by the media. When an individual is exonerated because of DNA
testing, for example, the proceedings are usually habeas related. A petition
gives a chance to the defendant to right any wrongs that may have been done.
The same mother who cried now sits down in
a more comfortable setting. Although her son is confined in a prison hundreds
of miles away, she has some hope, even if small. An attorney approaches her and
extends his hand. “How can we help you today?”
Our office welcomes your inquiries about
post-conviction relief. Please remember that this blog contains no guarantees,
assurances, or legal advice. If you have any questions, it is best to contact
an attorney by phone. After a conviction , the burden shifts to the convicted.
