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Bloomberg Law: Poor Calif. Criminal Defendants Get Attorney for Interim Appeals

March 28, 2019

The California Supreme Court unanimously held that indigent defendants in minor criminal cases are entitled to free legal counsel during a provisional appeal. The justices cited California law’s broad extension of the sixth amendment right to counsel, which also considers provisional appeals as a critical stage of prosecution.

O’Melveny partner Brett J. Williamson represented The Innocence Project in an amicus brief. He believes this decision will have a broad impact because it can now be citied “anytime prosecutors file an interlocutory appeal of a decision that may have a substantial risk of prejudice to the defendant’s position at trial.”