Legal Question in Criminal Law in California

In California the court of Appeals dose not or excludes newly discovered evidence

in criminal appeals to be entered or allowed! My question is this if after trial a defendant finds evidence to prove his innocents how dose one bring forth this evidence before a court? Also if this evidence was discussed in the trial court but ruled to not be allowed by the trial court judge, what dose one do? My case is still pending in the California Court of Appeals the 4th district. can you advise on this matter?


Asked on 11/22/13, 4:46 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If you offered the evidence at trial and the trial court ruled that it was not admissible, then you may challenge that ruling as part of your appeal.

If the evidence was discovered after trial, you would ordinarily petition for a writ of habeas corpus. If you learn about it before you file the appeal, you may also be able to bring a motion in the trial court asking it to re-open your case.

You should get a lawyer to represent you on appeal if you don't have one already. If you're indigent, you have the right to a lawyer appointed by the court at public expense.

Good luck.

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Answered on 11/22/13, 6:01 pm
Anthony Roach Law Office of Anthony A. Roach

Depending on the time frame, you can also move for a new trial. It is not clear when the "new" evidence was discovered from your post.

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Answered on 12/02/13, 11:25 am


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