Criminal Appeals

C

riminal Appeals in Washington and California. Mr. Parker can put forth his best efforts to reverse errors made by lower courts.

Criminal Appeals
Losing at the trial level in criminal court can be devastating. Filing an appeal is a chance to correct significant errors, whether they be procedural or substantive.

It is important to understand that an appeal is not a new trial. An appeal simply affords the losing party in the trial court an opportunity for a higher court to review, reverse, and/or remand any “reversible” error made by a lower court.

Corey Evan Parker understands the profound grief and disappointment that strikes when a criminal defendant is found guilty and faces incarceration, fines or both. As an appellate attorney, Mr. Parker offers sound advice as to the legal rights of the defendant and the steps that must be taken to appeal the adverse decision.

Mr. Parker knows the rules of appellate procedure. He will work closely with his client to formulate and submit a persuasive opening brief to the higher court.

Criminal Appeals Process

1

Step 1

File the notice of appeal and pay any required fees to the appeals court.

2

Step 2

Procure the “record on appeal,” which generally consists of the clerk’s papers (the court file) and the reporter’s transcript, which comprises the transcripts made by the court reporters of the legal proceedings in the trial court.

3

Step 3

Gather the facts and law references necessary to prepare and write the briefs.

Mr. Parker is a California Appellate Defense Counsel member as well as a member of the Washington Association of Criminal Defense Attorneys. He handles appeals along with other post-conviction petitions. He has filed criminal appeals that have been ruled in his client’s favor, and although every case is unique and no trustworthy attorney can promise a favorable outcome, Mr. Parker does promise diligent representation.

Below are some noteworthy appeals that Attorney Parker has drafted on his own or with co-counsel. Every case is unique and these prior results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

  • State v. Howe, No. 66543-0-I (November 12, 2012): Felony drug possession with intent to manufacture or deliver overturned due to a warrantless search of the appellant’s vehicle.
  • State v. Lozano, No. 41177-6-II (March 27, 2012): Second degree rape conviction overturned due to the court improperly joining two rape cases.
  • State v. Rowe, No. 61424-0-I (October 26, 2009): A condition in the Judgment and Sentence required correction and the case was remanded for resentencing.
  • State v. Leverett, No. 57521-0-I. (November 13, 2006): Driving Under the Influence conviction overturned due to the jury’s receipt of the police report referencing the fact of a blood draw when the breath test had been suppressed. Mr. Parker assisted in drafting the brief as the law clerk to attorney Scott Robbins.
Washington State Court Criminal Appeals

In Washington state court proceedings, the appeal process commences with the filing of a notice of appeal. Although the notice can be brief, it must be filed within 30 days of the judgment. The appellant must procure the record on appeal, which usually consists of the clerk’s papers of the filings in the trial court, as well as the reporter’s transcripts of the court hearings that are so reported. Each side then files its briefs with the appeals court; that step is followed by oral argument and then the decision of the court of appeal.

 

California State Court Criminal Appeals

In California court proceedings, the process commences with the filing of a notice of appeal.  Although the notice can be brief, it must be filed within 30 days of the judgment. The appellant must procure the record on appeal, which usually consists of the clerk’s papers of the filings in the trial court, as well as the reporter’s transcripts of the court hearings that are so reported.  Each side then files its briefs with the appeals court; that step is then followed by oral argument and then the decision of the court of appeal.  Most decisions by the appellate courts are unpublished; however, if the appeal presents new or novel rulings of law, then the decision may be published, thereby becoming legal precedent for future cases.

Hiring an Attorney Focused on Appeals

Appeals are time sensitive, complicated, and take a significant amount of legal research, time, and money. A mistake in paperwork or failing to meet the proper deadlines will lead to the dismissal of your appeal. Contact the Law Office of Corey Evan Parker to work with an attorney focused on appeals serving Washington and California who can help strategize the best issues for a favorable appeal.

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