AREAS OF PRACTICE

STATE & FEDERAL CRIMINAL LAW

  

State or Federal 'Direct Appeal' is the First Appeal after conviction, which is limited to errors 'ON' the Record. - Errors that occurred in pre-trial proceedings, trial, and sentencing. - That are 'contained' in the trial court records, and transcripts.

 

Limited Area of Practice 

 

1. State 'Post-Conviction-Relief (PCR) Petitions' (Rule 32 Petitions) This Petition is filed after a 'Dirct Appeal' has been denied. It is based on 'OFF' the Record Evidence - Evidence 'NOT' contained in court records, which could not or was not raised in the Direct Appeal. The Petition is based on errors or misconduct by: Defense counsel, Police, Prosecutor, or the Judge. It involves evidence that existed during the trial stage, but was not discovered until the case was re-examined by the PCR or Habeas Corpus attorney.   

 

2. In a Federal case, a Habeas Corpus Petition is esentually the same as a State PCR Petition.

 

3. If unsecessful in a State PCR Petition, it can be appealed to the Federal Court in a Habeas Corpus Petition, after all State appeals have been 'Exhausted.'   

 

4. Habeas Corpus Petitions are filed in federal cases, after the 'Direct Appeal' had been denied.   

 

5. In a PCR, 'All' applicable violations of federal law have to be raised and argued. The PCR has to be 'Federalized'.      

 

6. The 'Initial PCR Petition' must contain 'All' State and Federal 'Issues'. They cannot be raised later, unless there are extraordinary circumstances. 

 

5. If a Habeas Corpus Petition is unsuccessful in the Federal Distrct Court, it can be appealed to the 9th Circuit Court of Appeals, and, if certain requirements are met, it can be appealed to the United States Supreme Court.

 

6. Caution: Few attorneys are competent to handle Post-Conviction-Relief Petitions, and Habeas Corpus Petitions. The Petitions require a high level of knowledge of the rules that apply to their preparation and presentation. The rules are complicated and strictly enforced. If a mistake is made, the Petition could be summarily denied. - Without the court considering the issues raised in the Petition.