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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9088
Experience:  Since 1983
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My brother was found guilty of murder in a court in Pomona,

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My brother was found guilty of murder in a court in Pomona, California... L.A County. He was defended by a public defender. He was then assigned an appellate attorney. She lost the appeal, she then appealed to the Supreme Court who did not care to review the case and just affirmed all prior decisions. . I have solid evidence to show inneffective assistance by the puiblic defender. I also have evidence to clearly show reasonable doubt of the statements made by the accuser. What recourse do I have now? What steps do I need to take. Much of this case is very similar to the case involving Kenneth Waters, a man wrongly convicted of murder.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 5 years ago.
The next step is a petition for certiorari to the US Supreme Court. If that is not granted, he can try to collaterally attack the judgment by filing a petition for writ of habeas corpus.

I hope this information is helpful.
Customer: replied 5 years ago.
What is a certiorari? How do I go about doing that? Must I file that before a habeas corpus?
Expert:  N Cal Attorney replied 5 years ago.
http://library.findlaw.com/1999/Jan/1/241457.html
has an article titled Petitioning and Opposing Certiorari in the U.S. Supreme Court.

In general Yes a petition for cert should be filed prior to attempting habeas corpus.

Is there any DNA evidence?
Customer: replied 5 years ago.
no. There wasn't even a weapon found. The evidence was a methodone addict that was intimidated and threatened by the police that testified that she recognized him by his brown eyes through a ski mask. The witness two the second crime he was convicted on was based on a witness who believed he owed her money that testified recognizing him by his eyes, in the dark, 25 feet away through the face shield of a motorcycle helmet.
Expert:  N Cal Attorney replied 5 years ago.
I can't believe he was convicted on such flimsy evidence. As I wrote, The next step is a petition for certiorari to the US Supreme Court. If that is not granted, he can try to collaterally attack the judgment by filing a petition for writ of habeas corpus.
Customer: replied 5 years ago.

Is there a dead line on when you have to file a "pettion for certiorari"? Does the reference you gave me give me clear instructions on what to do?

Yes, my brother was found guilty of such flimsy evidence. His public attorney was shocked. My brother did not take the deal offered to him by the District Attorney because the public attorney assured him that with such circumstantial evidence he shouldn't be convicted, but he was. The public defender believes the jury based their decision on emotions not facts or real evidence, because there wasn't any. That is why I need to try to help him, becaus it was not a fair trial, it was a kangaroo court. .

Expert:  N Cal Attorney replied 5 years ago.
Yes the link I posted states:
A petition for certiorari must be filed within 90 days after the entry of judgment below (or denial of rehearing), absent an extension.

The actual Supreme Court rule on this is posted at
http://www.law.cornell.edu/rules/supct/13.html
Customer: replied 5 years ago.

The Supreme Court denied his petition for review. It looks like the decision was made 12/15/2010. The remitter was issued 11/29. Do I need an attorney to file the certiorari?

It looks like the apppellate attorney mentioned that these ar often not granted.

Expert:  N Cal Attorney replied 5 years ago.
Yes these petitions are rarely granted, but that is the only remaining avenue for direct review of the judgment.

It can be filed without an attorney but the odds of getting it granted are higher if an attorney files it.
N Cal Attorney and 2 other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer, and thank you very much for the bonus!