Legal Blog

Los Angeles, CA – September 24, 2024 — Spolin & Dukes is proud to announce a significant legal victory achieved by Attorney Erica Esquivel in a challenging case that intersected two notoriously difficult legal issues: a writ of habeas corpus and the stringent filing deadlines for a Notice of Appeal.

The case involved a client who, due to the negligence of a former attorney, missed the critical 60-day deadline to file a Notice of Appeal. Typically, failure to file within this timeframe would mark the end of any direct appeal options. However, Attorney Esquivel and the Spolin & Dukes team refused to accept this outcome. They filed a California writ of habeas corpus to rectify the error, a legal maneuver with historically low success rates.

Through tenacious advocacy in front of Judge Helena Gweon in the Sacramento County Superior Court, Ms. Esquivel demonstrated that her client’s rights were violated due to either the previous lawyer’s oversight or to an institutional error in not handling a potential notice of appeal that may have been filed. Her compelling arguments highlighted not only the procedural errors but also the substantial injustice faced by her client. In addition to her courtroom prowess, Ms. Esquivel skillfully engaged in negotiations with the prosecutor. Recognizing the strength and complexity of the case presented, on September 13, 2024, the court ordered the creation of a pre-dated notice of appeal that would be filed in a manner to re-initiate the client’s appeal.

As a result, the client can now move forward with a direct appeal—a crucial opportunity to seek justice and potentially overturn the initial decision. The entire Spolin & Dukes team is proud of Ms. Esquivel’s dedication, perseverance, and the positive impact she has made on her client’s life.

“Erica’s commitment to this case reflect her core values—excellence, resilience, and a deep commitment to not giving up. We are thrilled to see her hard work pay off and look forward to continuing to fight for our clients’ rights,” said Caitlin Dukes, Partner at Spolin & Dukes.

Ms. Esquivel also had praise for Ms. Dukes’ involvement.  “I stepped out of the judge’s chambers to call Caitlin and get her advice on the ongoing negotiation. Had it not been for her then I do not know if this would have been successful.”

For more information about this case or to schedule an interview with Ms. Esquivel or another member of the Spolin & Dukes team, please call 866-716-2805.