The California Appeals Process

How to Appeal a Criminal Conviction in California 

So, now that we’ve covered the basics, how do you actually appeal a criminal conviction in California? First, you’ll need to file a notice of appeal:

Notice of Appeal

Filing a notice of appeal in a criminal law case in California involves a series of specific steps and requirements, governed by the California Rules of Court, Title 8. These steps are crucial for anyone convicted in the California Superior Court seeking to appeal their conviction. The process is intricate and time-sensitive, making it advisable to have a knowledgeable California appeals lawyer.

After a conviction in the California Superior Court, either through a bench trial or jury trial, you have a limited window to file a notice of appeal. This period ranges from 30 to 60 days following the trial court judgment. Adhering to this timeframe is critical, as missing the deadline can significantly jeopardize the case.

A general notice of appeal can be filed after a final judgment, which could include various scenarios. You don’t have to specify particular issues for appeal at this stage. However, there can be complexities in certain appeals, like when appealing guilty or “no contest” pleas, probation violations, or issues related to California’s search and seizure laws. Consult an attorney with expertise in these areas for more information.

It’s important to note that if the deadlines are missed, you may still seek relief from default. This can be based on the failure of the trial attorney to perform duties related to the appeal, such as advising about the right to appeal or filing the notice upon request. The court may also grant relief based on the principle of constructive filing, which applies when there are delays in mailing the notice of appeal by prison authorities or when the defendant, representing themselves, files it with the wrong court but within the appropriate time frame.

The court may grant relief if it’s shown that neither the attorney nor the court advised the defendant of their right to appeal, or if there are other reasons like misleading information from prison officials or court officers.

Obtain the Record on Appeal

After filing a notice of appeal in a criminal case in California, the next step is to obtain a record of the trial proceedings. This record, often referred to as the “clerk’s transcript,” includes all the documents filed in the trial court, such as motions, briefs, and rulings. Additionally, the appellant needs to secure a “reporter’s transcript,” which is a word-for-word account of what was said during the trial, including testimonies and arguments.

The appellate court relies on these transcripts to evaluate the validity of the arguments raised in the appeal. It’s important to note that the responsibility of ordering and ensuring the completeness of these transcripts typically falls on the appellant and their counsel.

Submit Briefs

Following the acquisition of the trial record, the next pivotal step in a criminal appeal is the briefing phase. This phase begins with the appellant’s opening brief, which is a comprehensive document where the appellant presents their arguments, points out alleged errors that occurred during the trial, and explains why a reversal or modification of the trial court’s decision is justified. The appellant’s brief must be grounded in the trial record and the applicable law.

After the submission of the opening brief, the respondent (usually the state, represented by the prosecutor) files a respondent’s brief. This brief counters the arguments of the appellant, aiming to demonstrate that the trial was fair, the verdict was just, and that no legal errors warranting a reversal occurred.

Finally, the appellant has the opportunity to file a reply brief. This document allows the appellant to address specific points made in the respondent’s brief and is typically shorter than the opening brief.

Present Oral Arguments

After the briefing phase in a criminal appeal, the next step is the oral argument. This stage offers both parties the opportunity to present their arguments verbally and directly to the appellate court. During oral arguments, the attorneys for both the appellant and the respondent appear before a judge or panel of judges to reinforce the points made in their written briefs. It also allows the judges to ask the attorneys questions.

Receive the Court’s Decision

Following the oral argument in a criminal appeal, the next and final step is receiving the court’s decision. This decision, known as an opinion, is issued by the appellate court after a thorough review and deliberation of the trial record, the written briefs, and the points raised during the oral arguments.

The court’s opinion can affirm, reverse, or modify the decision of the lower court. In some cases, the court may also remand the case back to the lower court for further proceedings consistent with the appellate court’s findings. This opinion is typically written and provides a detailed explanation of the court’s reasoning, including how it interpreted the law and applied it to the facts of the case.

The issuance of the court’s decision marks the culmination of the appellate process, ultimately determining the outcome of the appeal and setting a precedent for future cases.

Seek Further Review

After receiving the appellate court’s opinion in a criminal appeal, you have to decide whether to seek further review. This decision depends on the outcome and the legal significance of the appellate court’s decision. If the party on the losing end believes that there were substantial legal errors in the appellate court’s decision or that the case has significant implications, they may consider petitioning for a review by a higher court.

In California, this typically means seeking review from the California Supreme Court. The higher court’s acceptance of a review is discretionary and not automatic. The court may choose to hear the case if it presents novel legal questions, conflicts with existing precedents, or is of statewide importance. If the decision is made not to seek further review, the appellate court’s decision remains final.

After a decision is rendered by a Court of Appeal in a criminal case, there are several avenues for further legal action, each with its unique processes and considerations:

Rehearing by the Court of Appeal:

If a party believes that the Court of Appeal has overlooked or misunderstood significant facts or legal principles in its decision, they can file a petition for a rehearing. This petition must be filed typically within a short, specified period after the decision (often 15 days in California). The purpose of a rehearing is not to introduce new evidence or arguments but to request the court to reconsider aspects of the case based on the evidence and arguments already presented.

Review by the California Supreme Court

If the decision of the Court of Appeal is unfavorable, a party can petition for review by the California Supreme Court. This petition must be filed within a certain period (usually 40 days after the Court of Appeal’s decision). The California Supreme Court has discretionary power in deciding which cases to review, and it typically selects cases that have wide-ranging implications, involve significant legal issues, or necessitate the resolution of discrepancies in the law.

Review by the U.S. Supreme Court

Finally, in some instances, a party may seek review by the U.S. Supreme Court after the California Supreme Court has rendered its decision, or if the California Supreme Court declines to review the case. This is achieved by filing a writ of certiorari to the U.S. Supreme Court. This federal review is generally reserved for cases that raise significant federal questions or constitutional issues, or when there is a need to resolve conflicting decisions among different state supreme courts or federal circuit courts. Only a small fraction of petitions are granted. If the U.S. Supreme Court decides to hear a case, its decision is final and binding across the United States.