Arguing before the California Court of Appeal
California Criminal Appeals
A criminal appeal is a direct review of what happened in the trial court to ensure that the proceedings were conducted according to law. It is not a new trial, but rather an opportunity for a new attorney and a new set of judges to take a fresh look at a case.
I have extensive experience litigating criminal appeals in California. My cases have varied widely, from appeals following jury trials resulting in life sentences to simple sentencing appeals following guilty pleas. I’ve enjoyed a wide range of success in my cases, from shortening probation terms to reversing convictions in their entirety.
Habeas Corpus Petitions
When a conviction is affirmed in whole or in part following a direct appeal, an individual can file a petition for writ of habeas corpus either in a California state court or in federal court. A habeas petition challenges the manner in which a person was convicted. In federal court, a habeas petition allows an individual to argue that the state court’s disposition of a particular issue was contrary to clearly established United States Supreme Court precedent.
Many attorneys handle federal habeas corpus petitions. Few have the federal judicial experience I have. Having served for two years as a law clerk to a federal judge right out of law school and having spent half of my law school trimesters in externships for three different federal judges, I’m in the unique position of understanding firsthand how judges rule on these kinds of cases.
Edward J. Schwartz United States Courthouse