Sunday, February 6, 2011

Appellate Update from the Peterson Blog

Finally we will see some action on the appeal before the California Supreme Court.  According to this update, a hearing late this month will perfect the trial record and the Defense brief can then be filed.  Read the full update here. 


Bruce Dombrowski said...

so is this when the exonerating evidence will be presented as well?

Marlene Newell said...

Not "new" evidence -- unless it goes in under the heading of Ineffective Assistance of Counsel -- that is, Defense was negligent in discovering easily discoverable evidence. Otherwise new evidence is presented in the habeas appeal. The CA Supreme Court appeal deals only with what happened at the trial -- judicial errors, juror misconduct, prosecutorial misconduct,and ineffective assistance of counsel. If I understand correctly, if this appeal to the CA SC does not result in a new trial, then the habeas appeal will follow in a few years. It's a very time-consuming process.