[Trial Appeal] State v. Xavier Chavez

Moderators: Senior Administrator, Lead Admininistrator, General Administrator, Lawyer, Judge

Post Reply
Posts: 39
Joined: Thu Sep 20, 2018 12:59 pm

Sat Jun 08, 2019 4:01 pm

During a trial on Monday morning(June 3rd, 2019), Mr Xavier Chavez was found guilty.

I submit this appeal due to the fact that the defense was not given evidence prior to the case and the evidence was used in the case to find the defendant guilty.

First issue, in Standard 3-5.4 Identification and Disclosure of Information and Evidence of the American Bar, it states that the prosecution has to give the defense ample time to receive the evidence and form a defense against it. Seeing as how the defense never received any evidence or had much time at all before the proceedings to even know about the situation at hand.

Second issue, they continued to point out a piece of evidence even the prosecution didn't have which was the location of the GPS tracker that the defense was supposedly wearing at the time.

Third issue, the witness statements were inconsistent and the witnesses' credibility is in question. As the defense proclaimed, there were inconsistencies between two of the officers "on scene". One of the officers has had many cases against himself in this particular court. Immediately after the trial was over, the officer struck an innocent bystander with his baton.

Fourth issue, Judge Winters still gave a verdict even though the defense proclaimed many times that there was no admissible evidence because it wasn't formally submitted. This is in accordance with California Evidence Codes 353 and 354
Posts: 40
Joined: Wed Nov 07, 2018 11:59 am

Sat Jun 08, 2019 11:44 pm

Samuel Perry will be presiding over this case.
Samuel Perry, Associate Judge, Superior Court of California
Alexander Wright - County of Los Angeles Assistant District Attorney
410 Christopher Warhawk - Los Angeles County Sheriffs Department Captain
CID LT. Commander
Post Reply