Russell S. Babcock, Spanish speaking federal and state criminal appeals attorney
- Listen to Russell Babcock go toe-to-toe with members of the Ninth Circuit Court of Appeals in Pasadena, CA on December 12, 2014. The case is Nevarez v. Katavich (12-56058) In this case petitioner was convicted, in large part on the statements of his son, who was never presented in the trial in violatin of petitioner's rights to confrontation and cross-examination. For more information about the case, click here.
- Direct Appeals
- Habeas Corpus Petitions
- 18 USC § 2255 (Federal Habeas Petitions from State Court Judgment)
- Extraordinary Writs including Coram Nobis and Writs of Mandate
- Case Evaluations
Here are a few of Mr. Babcock's accomplishments on appeal:
- Reversal of a life case for aggravated mayhem (client went free after appeal);
- Reduction of 38 year sentence to 6 years on appeal (client is free and has not re-offended;
- Appellate Attorney of the Year
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.
The Stages of An Appeal
Regardless of whether the appeal is federal or state, the stages are almost the same. Russell regards “record review” as probably the most important part of the federal and state appellate practice. The attorneys reviews every word that was said at trial along with the documents filed to spot errors made by the trial court. It is Russell's thirty years of unique experience both as an attorney who has tried more than one hundred fifty jury trials and who has handled more than one hundred fifty appeals that makes him capable of seeing appellate errors that would remain camouflaged for many appellate attorneys.
In both federal and state court, the client (appellant) will file an opening brief. Then the government will reply, and appellant will have the option of filing a reply brief. The court may permit oral argument. Then, a decision or opinion will be rendered. Depending on the outcome appellant or the government may appeal to a higher level.
Just because you have been found guilty by a jury doesn't mean you should give up now. To the contrary, appeal may be your last chance at getting out of the criminal system. Call today at 619-531-0887 for your consultation and schedule a case evaluation.