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


The following excerpt is from People v. David, A157390 (Cal. App. 2020):

" 'The legislative history of . . . section 1473.6 reflects the belief that at the time of the introduction of the legislation, ". . . other than a pardon, no remedy exist[ed] for those no longer in the system to challenge their judgment when they learn[ed] 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.' " (People v. Villa (2009) 45 Cal.4th 1063, 1076, fn. 5.)

Other Questions


What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor 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 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)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (California, United States of America)
What is the effect of section 654 of the California Criminal Code on a defendant who suffers two separate criminal convictions? (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)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.