cunundrum69
Member
(California State Criminal Process)
THIS POST REQUESTS INFORMATION ON THE PROPER WAY TO PROCEED AFTER CONVICTION WHEN NEW EVIDENCE HAS BEEN DISCOVERED NOT OBTAINABLE BEFORE CONVICTION.
I was recently convicted. I am going to be filing an appeal shortly. After I was convicted, new evidence was anonymously given to me in a letter which greatly assists me exonerate myself. This exculpatory evidence could not have been discovered at an earlier time through the use of due diligence. Without getting too much into the details of the case, it is evidence which proves a constitutional violation occurred and I was not aware that this proof existed because the recordings & photo's were taken by an anonymous party located in a concealed position at the location of the incidents. This party did not reveal the existence of this exculpatory evidence to me when I needed it during my suppression hearing and trial. Once convicted this evidence was handed over. Because I am appealing my conviction now, I am under the impression that the only evidence able to reviewed and considered by the appellate court is the evidence contained on the record already established.
My question is this: "Am I able to proceed directly to the appellate court's and submit this NEW evidence alongside all the other constitutional arguments made during the suppression hearing? Or am I supposed to first present it to the Superior Court via some avenue such as Habeas Corpus?"
My fear is that if I go back to the Superior Court to pursue habeas corpus, then I would miss my deadline to file my appeal, and would need to go through each step of the appellate process and the appellate court and state supreme court using habeas corpus, right? If I proceed directly to appellate court with an "appeal" with this new evidence, can it be heard? Or would the appellate court likely say I procedurally defaulted in the presentation of this new evidence because I did not submit it first to the Superior Court and therefore it cannot be considered? (But remember, the evidence was discovered after the Superior Court criminal aspect had ended.)
To reiterate the question(S):
A.) Can you present new evidence during a direct appeal from conviction that could not have been discovered at an earlier time through the use of due diligence? Or must you present it in a petition for habeas corpus?
B.) Can you file an appeal to challenge the denial of a P.C. 1538.5 suppression hearing, and simultaneously file a petition for writ of habeas corpus to present the new evidence that could not have been discovered at an earlier time through the use of due diligence?
What is the best and most proper way to proceed under the above circumstances... I don't want to blow it by screwing up my chances to present this new evidence. Any Help would be greatly appreciated... Thank You very much
THIS POST REQUESTS INFORMATION ON THE PROPER WAY TO PROCEED AFTER CONVICTION WHEN NEW EVIDENCE HAS BEEN DISCOVERED NOT OBTAINABLE BEFORE CONVICTION.
I was recently convicted. I am going to be filing an appeal shortly. After I was convicted, new evidence was anonymously given to me in a letter which greatly assists me exonerate myself. This exculpatory evidence could not have been discovered at an earlier time through the use of due diligence. Without getting too much into the details of the case, it is evidence which proves a constitutional violation occurred and I was not aware that this proof existed because the recordings & photo's were taken by an anonymous party located in a concealed position at the location of the incidents. This party did not reveal the existence of this exculpatory evidence to me when I needed it during my suppression hearing and trial. Once convicted this evidence was handed over. Because I am appealing my conviction now, I am under the impression that the only evidence able to reviewed and considered by the appellate court is the evidence contained on the record already established.
My question is this: "Am I able to proceed directly to the appellate court's and submit this NEW evidence alongside all the other constitutional arguments made during the suppression hearing? Or am I supposed to first present it to the Superior Court via some avenue such as Habeas Corpus?"
My fear is that if I go back to the Superior Court to pursue habeas corpus, then I would miss my deadline to file my appeal, and would need to go through each step of the appellate process and the appellate court and state supreme court using habeas corpus, right? If I proceed directly to appellate court with an "appeal" with this new evidence, can it be heard? Or would the appellate court likely say I procedurally defaulted in the presentation of this new evidence because I did not submit it first to the Superior Court and therefore it cannot be considered? (But remember, the evidence was discovered after the Superior Court criminal aspect had ended.)
To reiterate the question(S):
A.) Can you present new evidence during a direct appeal from conviction that could not have been discovered at an earlier time through the use of due diligence? Or must you present it in a petition for habeas corpus?
B.) Can you file an appeal to challenge the denial of a P.C. 1538.5 suppression hearing, and simultaneously file a petition for writ of habeas corpus to present the new evidence that could not have been discovered at an earlier time through the use of due diligence?
What is the best and most proper way to proceed under the above circumstances... I don't want to blow it by screwing up my chances to present this new evidence. Any Help would be greatly appreciated... Thank You very much
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