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What is the difference between an appeal and a writ of corum nobis?
Is there an attorney that wants to take on a writ in the State of California. Barstow area
I have reviewed the transcripts from my fiance' trial and there are a number of problems within the trial.
Examples:
1) Detective that said he had disks, yet there were no disks and this same detective was accused of planting evidence around the same time on another case.
2). Judge referred to the jury as he did something he did not do.
3). DA brought in two witness that had nothing to do with the case to testify yet never identified him as the person in their own case.
4). Illegal search that produced evidence that was made to seem that it was something it was not.
These are a brief few things that I have read within the transcripts.
I truly believe he has a case and if anyone could give me direction, then that would be great.
I'm only looking to seek justice in a corrupt institution.
1 Answer
- raichasaysLv 71 decade agoFavorite Answer
The writ requires proof of a substantive factual error to overturn a conviction. Appeals deal with errors of law, not fact.
The judge and/or jury weigh the credibility of the witnesses and may decide who is telling the truth and who is not. The standard for revisiting facts and overturning with a writ is very, very high.
Writ applications are also frequently denied on technical grounds.
Get an appellate lawyer. They don't have to be in the Barstow area, so look around the state for a good one. Don't waste time as appeal deadlines are firm.
