Here are a few of Mr. Babcock’s accomplishments on appeal:
The legal system can be compared to a funnel. The best chance to get relief is before charges are filed. After a guilty plea or guilty verdict the chances of relief get progressively less and less. For many appeal is the last chance to get relief from criminal charges.
The appellate court is not like the trial court. The judges normally do not hear evidence. They look to see if the trial court applied the correct law and if the sentence was legal. Most reversals take place because of a failure of the judge’s to instruct properly on the law.
Even if the conviction was in state court, there may be a remedy in the federal court. The first step is to “exhaust” your remedies in state court and then file a petition with the United States District Court. The appeal then may continue on to the Ninth Circuit Court of Appeals and even the United States Supreme Court.
Russell Babcock is admitted to practice in the United States Supreme Court and has argued several cases to the Ninth Circuit Court of Appeals (the federal court that reviews all the decisions from the western part of the United States including Alaska and Hawaii.) Russell is one of the few attorneys who has argued in front of the California Supreme Court five times.