Criminal Appeals
The best criminal appellate attorneys are the ones who know how to try cases. When the attorneys at Nolan Barton Olmos & Luciano bring their knowledge of the trial process to post-conviction practice, they provide thorough and sophisticated appellate representation.
Anyone convicted of a crime has the right to appeal the conviction and sentence. By law, defendants must notify the court and the prosecution of the intent to appeal within 60 days after a felony judgment and thirty days after a misdemeanor judgment. (California Rules of Court 8.308 and 8.853.) Sometimes defendants can appeal pretrial rulings, including the denial of a motion to suppress evidence under Penal Code § 1538.5 or the ordering of excessive bail under Penal Code § 1510.
A typical criminal appeal argues that legal mistakes made during trial, either by the judge, the prosecutor or trial defense counsel, so unfairly affected the jury's decision that it should be overturned. The errors that give rise to a successful appeal can be found in improper evidentiary rulings, incorrect jury instructions, prosecutorial misconduct, or ineffective assistance by defense counsel. Sentencing errors can be raised if the judge considered improper factors in sentencing the defendant.
An appeal is usually limited to the official record of proceedings in the trial court, and the appellate court will not consider any new evidence. The official record includes the transcripts from pretrial hearings and trial, the motions and other documents filed in the trial court, and anything admitted into evidence during the trial, such as documents or exhibits. A different post-conviction procedure, known as a petition for writ of habeas corpus (usually just called a “habeas petition”), allows an appellate court to consider new evidence and other material that is not in the official record. To decide an appeal, the appellate court reviews the record and the written briefs filed by both sides. The briefs explain why the appellate court should reverse a conviction or sentence. Attorneys also can appear at a hearing in the appellate court and present oral argument to the judges or justices who will decide the case.
Attorneys at Nolan Barton Olmos & Luciano have extensive appellate experience, including arguments before the California Courts of Appeal, the California Supreme Court, and the Ninth Circuit Court of Appeals.