Los Angeles Criminal Defense - Alan Fenster- Appeals Attorney in California

Criminal Appeals

California Criminal Appeals Lawyers

Are There Grounds for Appellate Review of Your Criminal Conviction?

The Law Offices of Alan Fenster, in conjunction with Mr. Jerald Newton, specializes in the preparation and filing of state and federal criminal appeals, including habeas corpus and other extraordinary writs. Mr. Newton has specialized in an appellate practice for the past 35 years, and is known as the "go-to" lawyer for many criminal lawyers in Los Angeles who require the assistance of an experienced appellate attorney.

Should you require the services of a criminal appeals lawyer, please contact Alan Fenster to schedule a free consultation as to how he might be able to help. Mr. Fenster can review your trial record and ascertain whether you have viable grounds to appeal your conviction or your sentence.

LATEST APPEAL

Jerald Newton and Alan Fenster recently completed a federal appeal arising in the Eighth Circuit from a jury trial involving convictions for drug conspiracies and 2 counts of murder. U.S. v. Dale, 614 F.3d 942 (8th Cir. 2010). Significant issues presented were 1) whether there is a conflict between Gray v. Maryland and Crawford v. United States when a confession is made to an inmate state agent specifically sent to obtain a confession from a defendant who is in custody on another matter; 2) whether elimination of cross examination regarding impeachment of a witness on another pending murder involving the witness and the co-defendant violated Delaware v. Van Arsdall; and 3) whether the evidence admissible against the defendant was sufficient to establish the two murders. One member of the 3 judge panel did agree with our arguments, the Panel affirmed the convictions and the Supreme Court denied our Writ of Certiorari.

Following is a partial list of criminal appellate matters Mr. Newton has handled during his career, some of which were argued in conjunction with the Law Offices of Alan Fenster.

Significant Appellate Cases
(Handled by Jerald W. Newton, or Mr. Newton and Alan Fenster)

NARCOTICS:

United States Supreme Court

Bowen v. United States, 422 U.S. 916 (1975)
Question of retroactivity of temporary checkpoint stop

United States Court of Appeals

United States v. Stewart, 831 F.2d 298 (6th Cir. 1987)
Search of defendant's luggage at airport ruled illegal
United States v. Maxwell, 565 F.2d 596 (9th Cir. 1977)
Roving patrol/temporary check point unconstitutional
United States v. Lucas, 37 F.3d 599 (6th Cir. 2004)
Admission of prior sexual assault to show nervousness and prior acts evidence for non defendant
United States v. Reese, 775 F.2d 1066 (9th Cir. 1985)
Multiple firearms convictions reversed and sentence vacated for improper ex parte communications
United States v. White, 890 F.2d 1413 (8th Cir. 1989)
Initial detention from exiting airplane illegal
United States v. Martinez, 946 F.2d 100 (9th Cir. 1991)
Illegal sentence increase for amount of drugs
United States v. Pace, 709 F. Supp. 948 (C.D. CA. 1989)
Plain touch providing probable cause

MURDER

People v. McDonald, 37 Cal.App.4th 1838 (1995), subsequently unpublished
Second degree murder conviction reversed
People v. Kim, B119909 (1999)
Second degree murder conviction reversed

WHITE COLLAR CRIME

United States v. Mouzin, 785 F.2d 682 (9th Cir. 1986)
Insufficient evidence of currency statute violations and “drug ledgers” improperly admitted
United States v. Wood, 57 F.3d 733 (9th Cir. 1995)
Case remanded for failure to disclose exculpatory evidence and eventually dismissed
United States v. Dadanian, 856 F.2d 1391 (9th Cir. 1988)
Reverse mail fraud and gambling convictions
United States v. Duran, 41 F.3d 540 (9th Cir. 1994)
Sentence reversed for improper upward adjustment

Alan Fenster is a Beverly Hills criminal defense lawyer with more than 30 years of experience in criminal trial advocacy in the Los Angeles County area and throughout California. Jerald Newton was admitted to the California Bar in 1972, and admitted to the U.S. Supreme Court in 1975.

Contact the Law Offices of Alan Fenster today to discuss your criminal conviction appeal. He can discuss the issues and advise whether you have grounds for appellate review of your case. Call (310) 273-3661 to schedule a free consultation.

Alan Fenster represents clients in Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, Glendale, Pasadena, the San Fernando Valley, and elsewhere in California as needed.

Most Famous Case

Mr. Fenster gets results: his diligence, winning attitude, and constant search for that legal needle in a haystack mean free clients, many of whom would be behind bars without his help. Most importantly, although his formidable legal strength is apparent to anyone in the court, his clients see beneath the courtroom show, to an incredibly driven, hardworking man, who puts in the long hours and does whatever it takes, not just to get the job done, but to do the right thing for those he defends.

Click here for more information about Criminal Defense.

9777 Wilshire Blvd.
Suite 900
Beverly Hills, CA 90212
Phone: (310) 273-3661 Fax: (310) 273-1931

If you need to go to trial we are experts at winning cases.

If you need to plead guilty, we will get you the best deal.

Key Practice Areas

Client charged with Sale and Possession for Sale of Marijuana. Police officer testified that he observed a marijuana transaction on the sidewalk outside Client's home. The judge did not believe the officer and a Motion to Suppress Evidence was granted. All charges dismissed. [see Winning a Motion to Suppress Evidence]

Client was charged with sale and possession for sale of 5 pounds of methamphetamine, thus facing a potential 19 years in prison because of the weight enhancement. Case was resolved with probation and one year in the county jail
[see copy minute order].

Client, a medical doctor, was charged with bribery of a police officer. The charge was dismissed after five days of community service. Doctor kept his medical license.
[see copy of minute order]

Defendant, a successful businessman and a non-citizen, arrested with four ounces of cocaine in the center console of his car, along with a scale. If convicted of possession for sale of cocaine he would be deported, plus the prosecutor wanted two years in state prison. After over a year of negotiations, prosecutor agreed to let defendant plead guilty to transportation of cocaine, which avoids deportation, plus spend a few nights in a private jail.

Non-citizen client convicted of Assault with a Deadly Weapon in 1982. Married with two children and living a quiet, law-abiding life, INS discovered the conviction and sought to deport him as an Aggravated Felon. Mr. Fenster successfully vacated the conviction, and INS is now history.
[see copy of minute order]

Defendant charged with felon in possession of a gun. Probation had terminated on the prior felony in 2006. After defendant's arrest on the gun charge, Mr. Fenster went to the judge on the prior felony and had the felony reduced to a misdemeanor, effective 2006. The district attorney on the new charge was very upset, but who cares...since the prior felony was now reduced to a misdemeanor effective before the new case, the new case was dismissed.
[see copy of minute order]

Filipino immigrant, married with three American children, facing deportation because of conviction for assault with intent to commit great bodily injury. Conviction vacated, client is now able to stay in the US. for the rest of his life.
[see copy of minute order]

Successfully vacated three felony convictions for Iranian businessman, thus helping him avoid deportation.
[copy of minute order]

Alan Fenster represents clients in Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, Glendale, Pasadena, the San Fernando Valley, and elsewhere in California as needed.