Does Section 1473.6 of the Criminal Code of Ontario have any legal basis to appeal against the conviction of a convicted criminal?

California, United States of America


The following excerpt is from People v. Austin, B287936 (Cal. App. 2019):

" 'The legislative history of ... section 1473.6 reflects the belief that at the time of the introduction of the legislation, "[c]urrently, other than a pardon, no remedy exists for those no longer in the system to challenge their judgment when they learn that their conviction was obtained in part because of fraud or false evidence by a government official." [Citation.] ... Because the misconduct was discovered many years after it occurred, those who were no longer in custody at the time of the discovery of the misconduct would not be able to set aside their convictions. [Citations.]' [Citation.]" (People v. Villa (2009) 45 Cal.4th 1063, 1076, fn. 5.)

Page 7

Other Questions


Does Section 1473.6 of the Criminal Code of Ontario have any effect on the appeal of the conviction of a defendant who is no longer in the criminal justice system? (California, United States of America)
Does section 1202.4 of the California Criminal Code require a defendant to pay restitution for economic loss caused by the criminal activity that formed the basis of the criminal conviction? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can qualified offenders who have been convicted of a criminal offence under section 1170.18, subdivision (k) of the Penal Code receive relief from the Court of Appeal when their criminal conviction has been reduced to a misdemeanour? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the legal test for an appeal from a finding that a defendant has been convicted of second degree murder under section 1170.95 of the California Criminal Code? (California, United States of America)
Does section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply to a convicted felon who was convicted of a violent crime committed for the benefit of a criminal street gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.