Criminal appeals lawyer taking Qs
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Poast new message in this thread
Date: January 7th, 2025 1:15 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527666) |
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Date: January 7th, 2025 1:19 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
WFH, acceptable pay (200-250k) for living in a low COL area, the stability of a government job, no boss, no shitty co-workers, no time pressure and stress, no discovery bullshit, relatively interesting work compared to most legal jobs, i like research and writing and working in solitude
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527680) |
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Date: January 7th, 2025 1:22 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
government appointments.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527697) |
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Date: January 7th, 2025 2:02 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
correct
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527892) |
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Date: January 7th, 2025 2:17 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
I do all the oral arguments remotely if I can, and if I can't, I would just waive them. The appellate courts pretty much all allow remote OA now, even though they hate it. These arrogant faggots love the pomp and circumstance of the big high appellate bench.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527950) |
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Date: January 8th, 2025 12:46 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
There's very much pomp at the fed COA level. Even at the state COA level which is where I am (I've only done a couple fed COA), there's tons of pomp. A lot of the CA COA judges like to think of themselves as intellectual and scholarly as if they're on the SCOTUS; a good number have biglaw and top tier school backgrounds, even if they were formerly trial judges.
If the appellate bench was 90% McGeorge and Loyola former shitlawyers turned trial judges who were elevated to the appellate court, it'd have a lot less pomp. You have some of those types of judges who are just dumb hacks and you have some of them who think they're prestigious, and there's a big difference.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531862) |
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Date: January 7th, 2025 2:03 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
no, i came from biglaw. had no criminal experience before this besides a fair amount of pro bono criminal stuff i managed to do in biglaw.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527896) |
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Date: January 7th, 2025 2:31 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Nobody also told you that eating healthy prevents you from being fat!
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528011) |
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Date: January 7th, 2025 2:06 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Yes, most date rape cases I get I'm very convinced of actual innocence. To be fair, date rape cases are pretty uncommon - most rape cases I get are legit rape rape or sick chomos.
One date rape case was a HS on/off BF/GF, and she claimed rape after he came inside her - allegedly against her will - and she was afraid she was pregnant so she made up this rape fraud.
Beyond date rape, no, I don't think I've had a case of where I believe there's actual innocence. Overcharging, yes. But dindu nuffin, no.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527907) |
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Date: January 7th, 2025 4:25 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
When I used to do oral argument in the courtroom before all the remote stuff, I don't think I saw a victim or victim's family show up -- in my case or any other criminal case. victims' families show up at trial and sentencing, but not appeals. I doubt the Attorney General even informs them about the status of the appeals.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528526) |
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Date: January 7th, 2025 4:56 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
I don't understand the question, no offense. What is "it"?
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528712) |
Date: January 7th, 2025 1:31 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
what percentage of criminal appeals simply argue whether there was sufficient evidence to convict?
what percentage of criminal appeals raise an argument about jury instructions?
what percentage of criminal appeals result in a new trial or dismissal of charges?
tyia for your service.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527751) |
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Date: January 7th, 2025 2:13 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Insufficient evidence -- I almost never raise it. Maybe 5% of the time for me. If I raise it, it's always of a technical legal argument about a problem with one of the elements rather than "my guy just didnt do it and the jury got it wrong." I think most seasoned appellate lawyers shy away from raising sufficiency issues.
Jury instructions -- I often raise jury instruction issues, because they're clean legal issues that don't involve the facts. Either the judge botched it or he didn't. The problem with jury instruction arguments is prejudice; the appellate court will almost always find some way to chalk it up to harmless error. I probably raise instructional issues in 20% of cases, and I think instructional issues are bread and butter that most seasoned appellate lawyers look closely at and try to raise because they're at least good issues on the merits even if prejudice is hard.
New trial or dismissal -- If you're talking an outright new trial or dismissal on everything, maybe 1-2% but that's just a guess. More frequent particular counts getting throw out but the guy still ending up with a ton of time so the dismissal of a particular count makes no practical difference.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527927) |
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Date: January 7th, 2025 2:35 PM
Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
tyft
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528034) |
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Date: January 7th, 2025 2:16 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
If the defendant had the money for a big dick crim bro at trial, he probably isn't applying for indigent appointed counsel so I wouldn't see such cases. However, I do have cases where the defendants manage to retain counsel at trial but obviously run out of money or their family doesn't want to give them any more money for appellate counsel.
That being said, I don't think the appellate judges would give a flying fuck about who trial counsel was.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527941) |
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Date: January 7th, 2025 7:16 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
A BIG DICK CRIMBRO will write much shittier briefs than us experienced aspie indigent panel attorneys who have been doing this full time for 20-40 years. OA doesn't fucking matter in 95% of cases, and I'm sure they'll sound polished and smooth but the judges won't give a fuck and will just want them to get to the point and answer any questions they actually have. Hell, the judges will probably get annoyed at their inability to answer questions directly without filibustering.
There's obviously appellate specialists at biglaw firms and prestigious boutiques who the court will respect, but there's no fucking way they have any respect for some trial lawyer who is doing his own appeal.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48529375) |
Date: January 7th, 2025 2:09 PM Author: 718-662-5970
Ever read a transcript where the def lawyer missed making a life or death critical objection, and because of that the appeal has no legs, and the defendant must serve the sentence?
OUT the missed objection
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527913) |
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Date: January 7th, 2025 2:20 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
In such cases, there's always shit to argue: no objection was really required, an objection would have been futile, IAC (ineffective assistance of counsel) in failing to object.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48527966)
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Date: January 7th, 2025 3:14 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
If it's blatant enough, that's what IAC is for.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528190) |
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Date: January 8th, 2025 8:11 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
I've literally never had an IAC issue result in a retrial or reversal of the convictions. IAC only works for me on sentencing issues. I almost never raise IAC on trial issues; I almost always raise it on sentencing issues, and I've got a number of sentences vacated for resentencing over the years.
I'm dealing mostly with top-tier crimes (rapes and murders) and most PDs doing those cares are decent and aren't doing stuff do blatantly bad at trial that gives way for an obvious IAC case. They fuck up sentencing a lot because they're not that bright even if they're trying and don't know all the technical rules.
For IAC on a trial issue, it's just not going to work almost ever. Everything at trial is a judgment / strategy call. Also, unless the record reveals why trial counsel acted as he did, he's not IAC unless there's no conceivable reasonable tactical reason for what he did. Plus, there's prejudice - IAC requires a reasonable probability of a different outcome. It's really hard to say any thing that happened at trial made the difference between a guilty verdict and not.
I've been much more successful raising IAC in sentencing issues. The sentencing rules are in many circumstances black and white, and if they miss something, it's much easier to say there's no conceivable reasonable tactical reason he botched it. Also, prejudice is obvious from many sentencing issues. Forgot to object to some enhancement that was obviously invalid? There's an obvious direct correlation between that lack of objection and the sentence.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530872) |
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Date: January 8th, 2025 8:31 AM Author: Taylor Swift is not a hobby she is a lifestyle (πΊπΈ π΅π±)
I did a motion for post conviction relief on the basis of IAC for perhaps the shittiest legal representation I've ever seen. Long story short, there was a sealed affidavit for search warrant that was never unsealed. I moved to have it unsealed, the court granted the motion, and the affidavit was based entirely on information received from defendants in an unrelated case participating in a substantial assistance agreement with the state. The same defendants my client identified as the people who literally set him up by buying the plants, providing him with the chemicals, installing the massive lighting rigs, writing (in their own handwriting) the plant fertilization schedules, etc. Even with case law holding that failing to consider entrapment as a possible defense is per se evidence of IAC (and arguing that not moving to unseal the affidavit was an admission to not considering entrapment as a defense), we lost on the second prong: A reasonable probability of a different outcome.
I can see how it's more formulaic to successfully raise IAC in sentencing issues. It's probably the same thing for certain evidentiary issues, too. Golden rule violations immediately come to mind.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530892) |
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Date: January 8th, 2025 10:06 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Speaking of golden rule violations, I raise prosecutorial misconduct a fair amount even if I think I'm going to lose because I hate prosecutor scum and I want to rant about anything they did wrong and I want the appellate courts to know what scum they are.
These prox scum often make inappropriate pleas for victim sympathy, and i've had various situations where they dilute the BRD standard which is a huge no-no.
But the cowardly judges will almost never actually say the prox scum committed misconduct. They'll just go straight to harmless error analysis without even reaching the merits. It's really sad and sick.
These prox scum also misstate the law all the time, and the courts always say that's harmless because "the trial court correctly instructed the jury on the the law and correctly instructed the jury that the attorney's arguments are not evidence or the law and to follow the court's instructions if anything the attorneys say conflicts with the court's instructions."
The entire system is lulzy based on the fiction that the juries actually follow these instructions.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531201) |
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Date: January 7th, 2025 3:15 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
CA. 120, and 130 for rapes and murders.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528193) |
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Date: January 7th, 2025 4:30 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
We get nickel and dimed on lots of shit.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528559) |
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Date: January 8th, 2025 7:59 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
No. Since 2016.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530852) |
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Date: January 8th, 2025 12:41 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
1/1/16.
Yes, we're screwed because of inflation. To be fair, the vast majority of white collar jobs haven't kept up with Bidenflation, so I'm not sure we're that far behind some gov lawyer or in-house counsel in that respect.
The problem is there's not an annual rate increase. THere are increases every few years, and it has to be done through the Legislature's budget. Rates went from 95/105/115 to 110/115/130 in July 2023.
The new budget is done every July, and they *say* they've asked for 30% increases but who knows what the Legislature will actually do.
It sucks that the rates are at mercy of the state legislature rather than some local chief judge who won't give a fuck and can just throw us a bone.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531839) |
Date: January 7th, 2025 4:30 PM
Author: .;:..;:.;.:.;.,,,..,.:,.;....;,;;;..;,..,,.,,....,
How many hours a week do you work?
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528560) |
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Date: January 7th, 2025 4:34 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Maybe 45-50, but I take time off whenever I feel like it. Meaning I can work a normal 9-10 hour day at home writing briefs and reading nonsense on autoadmit. But if shit comes up, it comes up.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48528589) |
Date: January 7th, 2025 9:16 PM Author: stolen pallor
am an experienced crimbro here. How did you get this appointment in your state? Are you willing to share the state?
Would love to do this.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48529756) |
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Date: January 7th, 2025 9:17 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
CA. You have to apply to the panels.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48529761) |
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Date: January 8th, 2025 8:15 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
I did have substantial appellate experience in biglaw, which I think helped.
I really don't know if they care about the fact that I was in the "club" and it helped. Perhaps it did and they're willing to take a chance on people with not much criminal experience based on aptitude. But there are plenty of people on the panels who went to the USDs and Loyolas and the McGeorges, so they aren't prestige snobs and there probably aren't enough top school types they can take.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530875) |
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Date: January 8th, 2025 12:37 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
I'd disagree to a fair extent. I could be biased because most of the people doing the upper-tier cases are boomer lifers who are very competent. These are the people I'm co-defendant's counsel with in a multi-def case and these are the people who I'm asking for sample briefs.
The issue is that the boomer lifers are all retiring or working much less, and the panel is desperate for bodies. They could very well be taking on a bunch of retards at this point, but I dunno.
Were you an elbow intern clerk to one of the COA judges, or did you generally work for the court? I have very little insight on how shit works at the COA.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531823) |
Date: January 8th, 2025 12:07 AM Author: Old Thread gets bumped but the links are broken
How often do you see CrimBros fall on their sword and claim IAC during appeals?
Does it ever come back to fuck the lawyer career-wise?
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530263) |
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Date: January 8th, 2025 8:21 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
When I call about a potential IAC, 90% of crimdef bros are willing to fall on their sword and do anything to help the client and give me whatever declaration I need. Obviously, I'd write the declaration in a way that doesn't make them seem like total idiots (e.g., "I believe it would have been beneficial to Mr. Suarez had I objected to ____).
I think most of them know that nothing's ever going to come of it and are willing to help. If there's an OPINION resulting in a finding of IAC, then it's automatically reported to the bar. But I doubt the bar actually does anything for an honest mistake in failing to make some objection, rather than some shit like a lawyer coming into court drunk every day.
If there's no COA OPINION finding IAC, it's never coming back to them. And most IAC issues lose because either the merits (the court will say it isn't ineffective assistance) or lack of prejudice. And even if there's a good IAC issue, the COA will often try to resolve the case some other way to spare the defbro.
I don't actually know what happens if the opinion is reported to the bar, but I can't imagine any lawyer has had some bad consequences.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530881) |
Date: January 8th, 2025 2:22 AM
Author: \'\'\'\'\'\'\'\'\'\'\'\'\"\'\'\'\'
LMAO at getting dunked on by harmless error doctrine no matter how hard you try. What percentage of your cases are sentencing or other postconviction relief vs trial issues? Or is that all mixed in your jurisdiction/s? If not, former seems to be where you can actually get something done for the average indigent client, although don't know if that aspect makes the work more rewarding for you.
Well done, criminal appellate work is actually one of the few remaining areas of law where there are some scholarly sweets. You are constantly practicing constitutional law, LOL at 'attorneys' who just know how to whine about the same handful of administrative statutes to a handful of braindead state bench officers.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530551) |
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Date: January 8th, 2025 8:30 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Yep, getting dunked on by harmless error makes my job seem totally worthless. It prevents me from raising a lot of decent trial issues because with DNA / surveillance / fingerprints / cell phone records / etc., there's almost always overwhelming evidence of guilt.
For a direct appeal from a criminal conviction, both the trial itself and sentencing are part of the same appeal. Most of my work is direct appeals. There are plenty of sentencing-only appeals that I also handle (e.g., resentencing after the sentence was vacated in a previous appeal).
There's not much most-conviction relief; the COA would have to appoint counsel for a pro per defendant who files a decent enough habeas petition that they think it's worth getting counsel for, as they don't have a right to counsel for whatever bullshit habeas they filed for the 20th time.
You're right - sentencing is where I can actually get shit done for a client. That's where the mistakes are made - it's amazing how the judge, DA, PD and probation officer can all be idiots and make or acquiesce in the same sentencing error. It definitely makes it rewarding to write a brief where I know there's there's some chance of a decent result.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530890) |
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Date: January 8th, 2025 8:32 AM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Nope. Never done a crim trial in my life. I was a biglaw burnout and wasn't sure what to do with my life and I always wanted to do appellate work because it fit my personality, and I kind of just fell into this.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48530893) |
Date: January 8th, 2025 12:42 PM Author: Rabbi Shmuley using his daughter's lube ((zurich is stained))
im a former biglaw partner, current midlaw partner. i do management-side traditional labor.
any chance i can just drop all this bullshit and just do criminal appeals for 200k/year? i could afford to because my wife and i have enough socked away for retirement and i've pretty much funded college. might be chill to do something different, and i've always been told my writing is strong.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531842) |
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Date: January 8th, 2025 12:49 PM
Author: .,:,;,..,;.,::,..,:,.,.:..,;.,::,..,:,.,.:
Keep in mind is that it will probably take you 3-5 years to get to the point where you're making 200k/year. You need a stable workflow of cases at all different stages in order to keep yourself busy enough. If you're just starting out, you're not going to get very many new case assignments at once.
There's also a big learning curve with all sorts of stuff other than the actual substantive law, and you'll waste tons of unbillable time in the first few years.
I actually think the huge startup cost to get into this scares people away.
(http://www.autoadmit.com/thread.php?thread_id=5660290&forum_id=2:#48531869) |
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