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California Dismissed Appeals Can Be Re-Examined

By Walin & Klarich

There is Good News for Criminal Defendants Who Lose an Appeal Because Their Attorney Negligently Handled the Matter A recent ruling by the California Court of Appeals gives defendants the opportunity to have their appeal heard by the court if the dismissal of the appeal must result due to the neglect or misconduct of the appellate attorney. This is true even if the appeal was dismissed years ago, but the defendant relied on the misrepresentations of the attorney and suffered prejudice. The court ruled in In re: Grunau that a defendant is entitled to a recall of the remittitur so an appeal could be determined on the merits of the appeal. If your appeal was denied and you think it was the appeal attorney?s fault because he failed to act quickly on your case, your case might give you a chance to have your appeal heard...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 01, 2009 (boomark / email).