How the Right Lawyer Can Overturn an Unjust Conviction
When a loved one is convicted of a crime, it can feel like the end of the road. The verdict has been delivered, the sentence pronounced, and hope may seem lost. However, a criminal conviction is not always the final word. The appellate process exists precisely because our justice system recognizes that trials are not perfect, and errors can lead to unjust outcomes. A recent California Supreme Court case demonstrates how the right appellate attorney can make all the difference between a conviction that stands and one that gets overturned.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Real Life Example: People v. McGhee
A defendant was convicted of multiple murders in a gang-related case. The prosecution's case relied heavily on testimony from former gang members, some of whom could not even recall details of the incidents in question. The defense team attempted to challenge witness credibility, pointing out that these witnesses may have been influenced or coached by police, were potentially under the influence of substances at the time of the events, or had their own motives to provide testimony favorable to the prosecution.
During jury deliberations, an unusual situation developed. After three days of discussion, two jurors approached the trial court with concerns about another juror's alleged bias against the prosecution, police, and witnesses. The trial judge questioned all jurors, including the juror in question (referred to as Juror 5), and ultimately removed this juror for what the court characterized as "misconduct" – specifically, demonstrating anti-police and anti-prosecution bias and failing to properly deliberate with fellow jurors. Following this juror's removal, the defendant was convicted.
On appeal to the California Supreme Court, the defendant's appellate attorney argued that the trial court's decision to remove Juror 5 was unsupported by the record. This might seem like a minor procedural point to the uninitiated, but skilled appellate attorneys understand that such issues can be the foundation for overturning a conviction.
The California Supreme Court agreed with the defense's argument. In a detailed ruling, the court emphasized that a trial court's decision to discharge a juror requires evidence that "manifestly supported" the decision. In this case, the record did not support the trial court's conclusion that Juror 5 failed to deliberate or demonstrated impermissible bias. As a result, the defendant's murder conviction was reversed and the case remanded for a new trial.
Why Appellate Representation Matters
This case illustrates several crucial points about appellate representation that anyone with a loved one facing a criminal conviction should understand:
Appellate attorneys see what trial attorneys might miss
Trial attorneys are focused on the immediate battle in the courtroom – questioning witnesses, objecting to evidence, and persuading the jury. Appellate attorneys, however, review the case with fresh eyes and specialized training in identifying legal errors that may not have been apparent during the heat of trial.
Procedural issues can be game-changers
What might seem like a minor procedural decision – such as removing a juror – can have profound constitutional implications. The right to a fair and impartial jury is fundamental to our justice system, and violations of this right can and should result in overturned convictions.
The standard of review matters
Understanding the standard of review that will be applied to each issue raised on appeal is crucial. In this case, the appellate attorney understood that the trial court's decision to remove a juror would be scrutinized to ensure it was "manifestly supported" by evidence in the record – and successfully demonstrated it was not.
What to Look for in an Appellate Attorney
If you or your loved one has been convicted of a crime, the selection of an appellate attorney could be the most important decision you make. Things to consider include:
- Experience in appellate practice
- Track record of success
- Understanding of specific issues
The Appeal Process: What to Expect
When working with an appellate attorney, it's helpful to understand the basic process they'll navigate:
- Notice of Appeal: This must be filed within strict time limits after conviction
- Record Preparation: Gathering trial transcripts and exhibits
- Issue Identification: Reviewing the record to identify potential grounds for appeal
- Brief Writing: Developing written arguments supporting the appeal
- Oral Argument: Presenting the case to the appellate court (though many appeals are decided on the briefs alone)
- Decision: Receiving the court's ruling, which could affirm the conviction, reverse it, or remand for further proceedings
Our criminal defense firm brings decades of specialized appellate experience to every case we handle. We understand that the stakes couldn't be higher when you or your loved one has been convicted, and we approach each appeal with the diligence, thoroughness, and strategic thinking it deserves.
Contact Wallin & Klarich Today
If you are facing murder charges, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
