Welcome to AppellateAdvisor
Helping retained counsel in criminal California state appeals
A Quick Word Before We Dig In
If you’re a California defense attorney working on an appeal, you’re in the right place. Here, you’ll find summaries of Court of Appeal opinions that were NOT published but provided some level of relief to the defendant (no matter how slight). They themselves cannot be cited, of course, but they nevertheless serve as a great resource for cases that CAN be. The gold is in their details.
A Mountain of Unpublished Opinions
When an appellate court issues an opinion, it doesn’t automatically become part of the published record. Rule 8.1105 (California Rules of Court) outlines standards for publication, and most opinions don’t meet them. According to the 2024 Court Statistics Report Statewide Caseload Trends, only 9% of all Court of Appeal majority opinions are published. And for criminal appeals, that number drops to just 4%. I’m here to tell you there’s gold in those unpublished opinions.
Percentage of Majority Opinions Published
9% of ALL opinions are published.
4% of CRIMINAL opinions are published.
Source: 2024 Court Statistics Report Statewide Caseload Trends (pg. 35, figures 28-29)
Why This Matters
Unpublished opinions can’t be cited, but every one of them contains reasoning that had to be based on something that can be. Find the unpublished opinion, follow the reasoning, and you’ll find the citable authority behind it. That’s the gold.
My Professional Experience
3 YEARS
Private Civil/Criminal Trial/Appellate
11 YEARS
Public Defender Trial
2 YEARS
State Public Defender Appellate
37 YEARS
Appellate Project
70+ ARTICLES
Published in CACJ
Forum Magazine
CERTIFIED SPECIALIST
in Criminal Law
since 1981
Your Research Starts Here
This site exists to make unpublished criminal appellate summaries accessible to California defense attorneys. If a summary points you somewhere useful, that’s exactly the point. And if you find yourself needing more direct guidance on a state felony appeal, I’m also available for consultation to help you sharpen your research and bring decades of appellate experience to your corner.
