Brown & Little, P.L.C. » Entries tagged with "appeal"
Getting Away With Nothing
Local news reported yesterday about a scientist who successfully appealed his failure-to-stop ticket by explaining how it may have appeared to an officer that he didn’t stop when he actually did. The title of the article was “California scientist uses physics to dodge ticket,” and it explained that “[a] University of California San Diego scientist was able to use his math and physics knowledge to argue his way out of a $400 traffic ticket.” The emphasis is mine. Here is the scientist’s paper, which is both clear and convincing. The guy is obviously well-educated and articulate, and based on his analysis, it’s tough to disagree with his conclusion that the officer’s perception of reality did not properly reflect reality. After reading the paper and assuming the officer … Read entire article »
Filed under: News
A Brief for Those Who Lack Creativity
Yesterday, Ohio criminal defense lawyer Jeff Gamso put up a blog post that included this paragraph: In Ohio criminal defense circles, I’m known as one of the Anti-Anders-brief Nazis. Under considerable pressure from other members of the bar, I was convinced not to try publicly humiliating the lawyers who file them. Sort of like maintaining good relations with repressive regimes because we can reach them better if we’re nice, I have standing offers out to help lawyers find issues when they’re stuck. Occasionally I’m taken up on the offers. I’ve had some success at convincing people they shouldn’t be filing them. And I speak about this sort of thing a fair amount at CLEs. It’s not enough, but it’s what I can do. If you aren’t … Read entire article »
Filed under: Post-Conviction
Post-Conviction Remedies
In Arizona, a defendant who pleads guilty cannot file a direct appeal. Instead, his only remedy is filing a Rule 32 Petition for Post-Conviction Relief. Most of my clients think that winning a petition for post-conviction relief is always a good thing. Unfortunately, in some cases, people may end up being worse off for having filed a successful petition. If I file a rule 32 petition arguing that a trial court did not have jurisdiction because the statute of limitations had expired, the case essentially goes away if the court of appeals agrees with me. Similarly, the state likely will not bother with a case if essential evidence is suppressed due to constitutional issues or if a criminal statute is held unconstitutional. However, a number of clients want … Read entire article »
Filed under: Post-Conviction
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