My Rapist is Going for an Appeal

My question involves criminal law for the state of: California

The man that raped me as a child is going up for an appeal.He had a confession which was taped(my mother called and they recorded it at the police station), and then he pleaded guilty in court.They asked him if he was in a clear mental state and not under the influence of anything.He pleaded guilty in order to avoid having his family listen to my testimony, even though I really, REALLY wanted to give it.The only other evidence was a diary of mine.He already got 30 years without parole as a sentence.Is there really anything that this appeal can do?

Is this just a formality or does it actually mean that he has a chance at getting out even when everyone knows he did it and there are confessions all over the place?Do I have to show up to court again?

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Quoting blackkitten

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My question involves criminal law for the state of: California

The man that raped me as a child is going up for an appeal.He had a confession which was taped(my mother called and they recorded it at the police station), and then he pleaded guilty in court.They asked him if he was in a clear mental state and not under the influence of anything.He pleaded guilty in order to avoid having his family listen to my testimony, even though I really, REALLY wanted to give it.The only other evidence was a diary of mine.He already got 30 years without parole as a sentence.Is there really anything that this appeal can do?

Is this just a formality or does it actually mean that he has a chance at getting out even when everyone knows he did it and there are confessions all over the place?Do I have to show up to court again?

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I'm sorry for your ordeal.

It really depends on the nature of the appeal and the basis of the appeal. do you have an attorney?

I'm assuming he has basis for an appeal. I don't see why he would plead guilty otherwise.

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Quoting jarno

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I'm assuming he has basis for an appeal. I don't see why he would plead guilty otherwise.

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Nothing would surprise me actually - but then again I'm terribly jaded :(

He may be appealing his sentence. His guilty plea may have been conditional upon his right to appeal a pre-trial ruling, such as the decision to admit certain evidence against him. If I were to go with the odds, though, I would stick with my first guess - he's hoping for a shorter prison term.

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Quoting blackkitten

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My question involves criminal law for the state of: California

The man that raped me as a child is going up for an appeal.He had a confession which was taped(my mother called and they recorded it at the police station), and then he pleaded guilty in court.They asked him if he was in a clear mental state and not under the influence of anything.He pleaded guilty in order to avoid having his family listen to my testimony, even though I really, REALLY wanted to give it.The only other evidence was a diary of mine.He already got 30 years without parole as a sentence.Is there really anything that this appeal can do?

Is this just a formality or does it actually mean that he has a chance at getting out even when everyone knows he did it and there are confessions all over the place?Do I have to show up to court again?

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It really depends on the appeal and what it concerns. An appeal could result in most anything ... even nothing at all!

I suspect he is appealing because it is all he has left, and someone gave him or his attorney some small smidgen of hope that an appeal on whatever grounds it is just might work. Most do not, but you never know.

My experience is that successfully withdrawing one's plea is very tough to do.

Ok so after googling for his appeal I found out that he has a psychologist claiming that he is developmentally disabled and was confused into giving a guilty plea due to an IQ of 67.He is trying to withdraw the plea.

Pardon the sailor mouth, but I'm scared ****less that it will work.

This guy always played dumb to get out of problems.He played dumb to get out of fights with my mother, he used it as an excuse to waste money all the time and he used it to mess with people.He, on various occasions, admitted to me that he was not dense, just liked to frustrate people.I'm beginning to think it wasn't just to mess with people but as a precaution in case I ever told anyone.

He has been playing dumb for years.I don't think it will be hard for him to pass as it.

On the other hand (I'm ignorant on these matters so please excuse me) he did take a lesser sentence for the plea bargain.Would this mean that since he is attempting to retract the plea, that this could work to my advantage and it could result in a greater sentence; backfiring completely to my favor?

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Quoting blackkitten

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Ok so after googling for his appeal I found out that he has a psychologist claiming that he is developmentally disabled and was confused into giving a guilty plea due to an IQ of 67.He is trying to withdraw the plea.

Pardon the sailor mouth, but I'm scared ****less that it will work.

This guy always played dumb to get out of problems.He played dumb to get out of fights with my mother, he used it as an excuse to waste money all the time and he used it to mess with people.He, on various occasions, admitted to me that he was not dense, just liked to frustrate people.I'm beginning to think it wasn't just to mess with people but as a precaution in case I ever told anyone.

He has been playing dumb for years.I don't think it will be hard for him to pass as it.

On the other hand (I'm ignorant on these matters so please excuse me) he did take a lesser sentence for the plea bargain.Would this mean that since he is attempting to retract the plea, that this could work to my advantage and it could result in a greater sentence; backfiring completely to my favor?

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Couple of questions:

1. Was he represented by an attorney during the initial trial?

2. Was his disability raised during the trial?

1.) Yes.
2.) No.


And in response to an earlier question: No, I do not have an attorney.I went with the DA the first time.