Legal Question in Criminal Law in California

In the state of california when a court overturns a conviction is the case remanded for a new trial for all defendant's involved if there weren't antagonistic defenses involved?

or is the petitioner who obtained the relief the only one eligible for the new trial?

Asked on 5/08/12, 1:49 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

generally just the one who appealed and was granted a new trial ... however I believe Mr. Hoffman will have more details on appellate law. Good luck!

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Answered on 5/08/12, 2:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Ms. Hofmeister is right. A reversal on appeal applies only to the successful appellant(s). That other parties could have obtained the same result had they also appealed does not entitle them to the same benefits the actual appellant(s) received. However, they may be able to obtain similar relief by petitioning for a writ of habeas corpus.

If you or someone you know are in this situation, please feel free to contact me directly. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with many years of relevant experience.

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Answered on 5/10/12, 1:00 pm

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