Legal Question in Appeals and Writs in California

Wrongful Sentencing

My brother was sentenced to 25 yrs to life for 2nd degree murder, after reviewing his case, and I was at the entire trail I know that my brother was not given a fair trial nor was his attorney working with him, but against him. He allowed evidence to be presented at the trial that my brother had never been charged with, or every did a day in jail for. He allowed all type of Guns, My brother had previously been robbed at Gun Point by a person. He had got my brother on 2 times both time there was always a witness, my brother was trying to protect himself when the murder occured. The co defendent came after my brother with a Gun, and my borther attorney never brought the witness to court to tesify about the gun, co defendent went in a liquor store and pulled an by stander by the neck, and held her and used her for a shield. He should be charged with 2nd Degree Murder, my brother should be charged with manslaughter. He allowed a juror to stay on board that made a statement that she could not be fair because she had a problem with GUNS. My brother number is K28861 if you need to look up any information and my brother has already filed for an Appeal.

Asked on 12/31/99, 12:11 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Wrongful Sentencing

I have handled a wide variety of criminal appeals, and I would be pleased to speak with you about this case. Ineffective assistance of trial counsel can be a valid basis for a reversal on appeal, but the lawyer has to have been pretty bad for this to work. Your brother's case may be an instance of such ineffective representation, and it is at least worth reviewing the issue.

If your brother is indigent, he can have an attorney appointed for him at public expense. If not, please do give me a call at 310-575-3540. I look forward to hearing from you.

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Answered on 1/03/00, 4:04 pm

Benjamin Pavone Benjamin Pavone, Esq.

Re: Wrongful Sentencing

Most criminal appeals in California are handled through public organizations that farm out the work to individual attorneys in the area where the conviction occurred because most convicted persons are indigent. If your brother cannot afford representation, I recommend you seek appointed counsel, because as a general matter, they act like privately retained counsel. Additionally, they are appointed based on experience so defendants with serious convictions like your brother receive the most experienced attorneys.

If your brother insists on retaining private counsel, I sit on a panel in the Southern California area and have handled about 40 murder appeal cases.

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Answered on 1/03/00, 6:01 pm

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