Blog Jay Leiderman Law

Category Archives: defendant

What Is Considered An Aggravated DUI in California? In most states, getting arrested, paying bail, tried, and convicted and sent to jail and prison for driving under the influence or DUI is bad enough. After all, it does carry several penalties, some of them quite harsh especially in states that have more stringent DUI laws. […]

A ten-year delay due to attorney misrepresentations was excused by the appellate court in In re Grunau, 169 Cal.App.4th 997 (2008). The court in part said that “it does not lie in the state’s mouth to object to relief, since it has in a sense warranted the attorney’s competence by issuing him a license.” Id. […]

A Petitioner is entitled to competent privately retained counsel on Habeas Corpus. (In re Clark (1993) 5 Cal.4th 750, 780)  In addition to that, here, the ineffective assistance of counsel has denied the petitioner access to the courts.  The ineffective assistance of counsel claimed denied petitioner actual access to courts including the trial court, the […]

Trial Counsel failed to do any investigation into the mitigating facts of this case.  There was no evidence of good character or mental illness provided to the court. Petitioner’s trial attorneys failed to raise any issue about petitioner’s mental health at any time.  This would have served to explain the context in which these crimes […]

 

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