This is a big victory for the little guy and shows the importance of perseverance in each and every case.
Redwood City, CA (PRWEB) February 12, 2013
On January 16, 2013, The Law Offices of Ross Green scored a victory before the California Supreme Court. With the concurrence of all seven justices, the Court granted the Petition for Review, effectively overruling the appellate and trial court. (Gary Boyd v. Superior Court of Monterey, S206766).
In the case at hand, Mr. Boyd was detained and arrested on September 15, 2011, by Officers from the Salinas police department, for violating a city ordinance related to loitering on private property where a no trespassing sign had been posted. At a hearing, testimony revealed that Mr. Boyd was on a public sidewalk, not on private property, and no such sign was posted. Mr. Boyd’s trial attorney failed to raise these issues in Superior Court effectively barring him from challenging the alleged illegal detention in the appellate court.
Since the alleged illegal detention was never litigated in the proper court, Mr. Boyd’s only available relief is an ineffective assistance of counsel claim; in essence, an argument that his attorney’s conduct was below that of a reasonable attorney practicing in the relevant field and community. Mr. Boyd’s request to litigate that issue on appeal was denied by both the trial court and the appellate court. This latest victory overturns the denial opening the door for Mr. Boyd to have his day in court. Ross Green commented, "This is a big victory for the little guy and shows the importance of perseverance in each and every case."
For more information on the options available to defendants on appeal, visit about Criminal Defense Lawyer, Ross Green on Law Offices of Ross Green website. For more information about potential defenses to CA criminal charges, The Law Offices of Ross Green are located at 702 Marshall Street, Redwood City, CA 94063. You can call Ross Green directly at 650-780-0707 or e-mail him at rossgreen(at)rossgreenlaw.com.