APPEALS

The first case in the history of the U.S.A. wherein a foreign governement seeks to extradite an American citizen to face trial in a matter where the only sentence, if convicted, is DEATH. In this matter it is alleged that a U.S. citizen went to Thailand and while there joined a conspiracy to import heroin into the United States. The Thai government has asked the U.S. government to extradite the U.S. citizen to Thailand to face trial. The only penalty proscribed for the crime charged is DEATH. The Thai government is currently being investigated by the United Nations Human Rights Commission for immediately executing all those convicted of drug crimes. The U.S. citizen, if convicted in the United States for this crime could expect a sentence of no more than 10 years. The State Department is assisting the Thai government in its efforts. This matter is expected to be eventually resolved before the U.S. Supreme Court.

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The first case in California that challanges the governments ability to commit crimes in their effort to catch criminals.

In this matter it is alleged that the Department of Insurance provided a car to a "staged accident" group knowing that the car was going to be used to crash into innocent 3rd. parties to create false insurance claims. The State felt that the activity was so inherently dangerous that it would not let its own undercover agent go in the car when the accident was to occur. Three innocent people were in the car that the Department of Insurance provided car was eventually crashed into. False insurance claims were made and convictions were obtained. Those convictions form the basis of the appeal now before the California Supreme Court.

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Federal Appeals Court, Los Angeles, CA- MURDER APPEAL

Client charged and convicted with killing his wife at point blank range. Bernstein retained to file an appeal of the jury verdict. After battling with state and federal appeals courts, Bernstein filed a writ of habeas corpus based upon judicial error regarding juror conduct at trial.

Result: Bernstein’s writ was granted by the magistrate judge and the client was ordered to be released.

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Administrative Appeal, State Of California:

Client was a student accused of manslaughter when she fell asleep while driving her vehicle in Malibu and she struck opposing traffic killing a person. Bernstein was successful in getting the charges dismissed after making his appearance known to the DA’s office. The DMV then took the case and revoked the clients drivers license for her reckless and deadly conduct.

Result: Bernstein fought the matter and filed an administrative writ of mandamus against the State of California. The writ was granted and the client obtained her license back immediately.