Appendix 1

• Author: Don Bartell/Mary Catherine McMurray/Anne ImObersteg
• Pages: 647-656

A-1

APPENDIX 1

POST-TRIAL RELIEF:

MISDEMEANOR

APPEALS

This material was written by Lara Jayne Gressley of the Law Firm of Bartell & Hensel. Ms. Gressley

is one of the preeminent appellate attorneys in California. She has written briefs in the California Court of

Appeal, California Supreme Court, and the United States Supreme Court. She can be reached by telephone at

951-788-2230 or by email at lara.esq@gmail.com.

I. Introduction to Misdemeanor Appeals

II. The Record and the Appeal (California Law)

A. Making a Record

App 1:01 Different Methods

App 1:02 Objections

App 1:03 Futility Exception

B. What Can You Appeal?

App 1:04 Judgments

App 1:05 Motions

C. Notice of Appeal (CRC Rule 8.852)

App 1:06 Deadline Is 30 Days

App 1:07 Appointed Counsel

App 1:08 Service Requirements

App 1:09 Bail or Release (Cal. Penal Code §§1270, 1272, 1291, 1318)

App 1:10 Record on Appeal (CRC Rule 8.864)

App 1:11 Trial Court’s Jurisdiction after Notice of Appeal

App 1:12 Briefs

App 1:13 Oral Argument

App 1:14 Finality of Judgment

App 1:15 Petition for Rehearing

App 1:16 Certification for Transfer to Court of Appeal

App 1:17 Petition for Transfer to Court of Appeal

POST-TRIAL RELIEF

MISDEMEANOR APPEALS