California  |  Criminal Law

Legal Question

Asked on: 9/29/09, 5:19 pm

Six years agio a convition for murder was reversed by the court and is now supposed to heard by the California Supreme Court, how long do they have to hear the case and when will they release the person wrongly convicted?

1 Answer

Answered on: 9/29/09, 5:40 pm by Edward Hoffman

Supreme Court generally have 60 days in which grant or decline review, though it can extend this deadline. If the Court has already granted review, it has a great deal of flexibility in scheduling the case.

Even if the Supreme Court affirms the decision of the Court of Appeal, the defendant will not necessarily be entitled to release. The prosecution may be able to re-try him. In murder cases, this is usually what happens. The defendant is unlikely to be released before or during the trial. If he is convicted again, he will remain behind bars while his appeals from the new judgment work their way through the courts.

It is also possible that the prosecutors will ask the United States Supreme Court to review the decision of the California Supreme Court. That process can take several months, during which time the defendant will remain behind bars.

Of course, if his sentence ends before his appeals are over, he will be released at that time.

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