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In Appeals, You Can’t Have Your Cake and Eat It Too

By Steven Rodriguez

Once again, the appellate court has ruled, “You can’t have your cake and eat it too.” In Satchmed Plaza Owners v. UWMC Hospital Corp. (2008 DJDAR 16123), the 4th District, Division 3 Court of Appeal reaffirmed that accepting the benefits of a judgment invalidates your right to appeal that judgment.   The appeals process gives those convicted of a crime the right to appeal both their conviction and the terms of their sentence where a trial error has inadvertently been made by attorneys, jurors and/or judges. A criminal appeals attorney can initiate an appeal for any number of reasons, including errors in evidence, application of the wrong law, inappropriate arguments made by attorneys, confusing jury instructions, and inappropriate sentences...continue to full post

Full post as published by LA Criminal Defense Blog on November 17, 2008 (boomark / email).