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? The evidence was discovered after trial however it was refered to in the trial court when the victum\witness said he never took any photos of me the defendant where a police report found after trial placed the victum\witness in his turck taking said to id the defendant in court two months later, because the victum \witness could not id the defendant outside the courtroom when asked by the DA if he sees the defendant here outside the courtroom and he stated no he's not here when I a mere six feet away from him. The police report shows him the victum\witness taking photos some five days after that indecent in the courthouse.


Asked on 12/02/13, 1:30 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You haven't explained why the evidence turned up after trial instead of before, which is an important detail. Another important detail is how and why the court could have ruled on the use of evidence which had not been found.

Whatever the answers to these questions might be. the Court of Appeal is unlikely to consider the evidence as part of your appeal. But it very well might consider it as part of a habeas corpus petition. You should ask your appellate lawyer whether and how you should bring one.

Good luck.

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Answered on 12/02/13, 1:48 pm


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