With the recent introduction of new laws and the revision of old ones, the chances of winning a criminal appeal in the state of California have slowly been on the rise. Reaching a record 20% success rate, now is as good a time as ever to pursue appellate action and achieve the fair result you deserve.
Despite this hopeful incline, however, the reality of it is that many appeals are not granted. But losing an appeal doesn’t mean you have to give up your fight for justice. As you will see below, there are many different pathways you can take after a failed appellate petition.
Option 1) Petition for Rehearing: By petitioning for a rehearing, you are asking the court to review the appellate court’s ruling in the search for large legal irregularities such as a major misstatement of fact or error of law. If you wish to petition for a rehearing, you must do so within 15 days of the official appellate court’s decision. This is a very strict window so it is important that you act fast and enlist the help of a proper legal team.
Option 2) Petition for Review by Supreme Court: While not as common, if you lose your appeal, you do have the option to challenge the decision in hopes of taking your case to the Supreme Court. However, it is important to recognize that the Supreme Court has the authority to turn away any cases they do not want to review. Furthermore, the granting of such review is typically reserved for cases regarding legal issues that are of great importance or those that have never come before the courts.
Because an appellate court decision becomes final within 30 days of its release, the state enforces a strict 10 day deadline to submit this request for review by the Supreme Court.
Option 3) Pursue other types of Post Conviction Relief: A Writ of Habeas Corpus, for instance, is a common type of post conviction relief that is available to those who have exhausted all other appeal options, and may offer hope to someone who just received an undesired appellate decision. Furthermore, unlike the other two options, writs of habeas corpus do not come with a strict submission deadline and you have a little more leeway in terms of when you want to file.
However, before you proceed with a Writ of Habeas Corpus, you must make sure you are eligible for this type of post conviction relief. Some common grounds for such an appeal include ineffective assistance of counsel, jury misconduct, judicial misconduct, violation of due process, prison conditions that violate civil rights, or lack of speedy and public trial. Additionally, with a Writ of Habeas Corpus, new evidence may be introduced if discovered.
However, successfully arguing Habeas Corpus relief is no easy feat and it can be extremely difficult if you don’t have a strong team of appellate lawyers on your side. We recognize that this may be your last chance at relief and are prepared to treat your case with care and passion. Aaron Spolin has filled countless Writs of Habeas Corpus and has been consistently recognized for his work in this area of law. With guidance of Aaron and his experienced legal staff, fighting an unsuccessful appeal isn’t as daunting as it may seem.