Innocence Legal Team | Criminal Defense Attorneys | David Carico

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David Carico

Innocence Legal Team > Team > David Carico

Philosophy

For more than 35 years, I have devoted my practice to defending individuals convicted of serious crimes in state and federal court. The most fulfilling moments in my time as an attorney have been when I put my hand on the client’s shoulder in the courtroom and with all of the confidence, clarity, and conviction I have in my client’s cause made the argument that left the prosecution speechless, the judge or justices paying rapt attention, the bailiff shaking his head, and everyone else in attendance in the courtroom believing in my client’s right to a new trial. I will use all the resources at my disposal including my wealth of knowledge, years of experience, tireless attention to detail, and dedication to justice to ensure that you may once again be free. As Albert Einstein famously said, “you cannot solve a problem with the same consciousness that created it.” You would be well-served by consulting with an experienced appellate attorney such as myself who knows what it takes to prevail in a motion for new trial, appeal, or in a writ proceeding.

Education

  • Bachelor of Arts – Stanford University – 1980

Testimonials

“Thank you very much for providing this office with the relevant code sections and case law to support the information we requested.The information...

| William P. Glavin, Esq., Hermes & Glavin, LLP

“I have found David’s work to be exceptional. He is a valuable asset to all of us who strive to provide our clients with quality representation. He is also a wonderful asset when trying a case.”

| Sam J. Polerino, Esq,, Pres., Santa Clara Bar Association

“We commend the parties, both here and in the trial court, for their excellent motions and briefs. ”

| Court of Appeal, Sixth Appellate District (People v. Badgett (1994) 34 Cal.App.4th 903 [30 Cal.Rptr.2d 152, 153, fn. 1.)

“The committee would like to commend you on your exemplary work in this case. The petition for a writ of habeas corpus in which you interviewed...

Read More | Hon. Rodney Davis, Char., AIDOAC Judicial Council

“Your treatment of the subjective/objective distinction is a superior piece of legal argument and indeed quite a scholarly accomplishment...

Read More | Robert Weisberg, Special Assistant to the Provost Stanford University

“David Carico has been my research attorney since September 1983. I have come to know him very well, professionally and personally...

Read More | Pauline Davis Hanson, Associate Justice California Court of Appeal, Fifth Appellate District

“The first Excellent plus grade I’ve ever given [for a brief] in my 25 years. ”

| California Appellate Project, Los Angeles (2018)

“David, your appellate work is outstanding,”

| Attorney Darold Shirwo, Sherman Oaks (2019)

Juris Doctor

  • Juris Doctor

Law Review

  • Associate Managing Editor, Law Review, McGeorge School of Law – 1983

Representative Cases

State v. Bergquist (2019) 211 A.3d 946 — I represented the appellant in his appeal to the Vermont Supreme Court from a judgment of conviction for aggravated sexual assault. I successfully argued that a twenty-five-year-old Vermont statute that allowed a child to testify in a criminal case outside the presence of the defendant was unconstitutional.
Corman v. Corman (2015) – I successfully represented the Guardian Ad Litem in two appeals in this lengthy and complex probate litigation: an appeal challenging the court order awarding fees to the Guardian Ad Litem, and an appeal challenging the trustee’s accounting.

 

Rand v. Board of Psychology (2012) 206 Cal.App.4th 565 — I represented the appellant in this appeal from the denial of a writ of administrative mandamus.
People v. Minifie (1996) 13 Cal.4th 1055 — I obtained a unanimous decision
reversing the defendant’s assault with a deadly weapon conviction.
Arnold v. PG&E; Braun v. PG&E (2011) – I drafted the mediation briefs for the plaintiffs resulting in the largest civil settlements in California in 2011.
People v. Landry (2010, Butte County Case No. CM026101) – I successfully represented the defendant on a motion to withdraw his guilty plea to the crime of child molestation. The case was reported on the front page of the Los Angeles Daily Journal. (See Evan George, Attorney May Pay the Price For ‘All of Nothing’ Defense Strategy (June 3, 2010) San Francisco Daily Journal, Vol. 116, No. 106; http://www.lawyerdup.com/2010/06/attorney-told-client-to-accept-plea.html

Legal Practice Experience

Carico Law, Principal  1988 – Present – Appellate and Litigation Responsibilities 

 

  • Appeals and writs in state and federal courts 
  • Consultant to trial counsel in all aspects of appellate practice  (perfecting the record, appellate issues, review of briefs, etc.)
  • Post-trial motions 
  • Evidentiary hearings 
  • Administrative writs
  • Extensive civil and criminal appellate experience

 

Carico Johnson Toomey LLP, of counsel 2005 – 2018  – Appellate Responsibilities

 

  • Appeals in Probate, Estate, General Business, Real Estate, Employment and Trust litigation

 

Crist, Griffiths, Schulz & Biorn, associate April 1987 to May 1989  – Litigation and Appellate Responsibilities 

 

  • Appellate and writ practice in state court
  • Real estate litigation in state court
  • Securities litigation in state and federal court

 

Hoge, Fenton, Jones & Appel, Inc., associate January 1986 to April 1987Litigation Responsibilities 

 

  • General civil litigation
  • Medical malpractice litigation in state court

 

Judicial Clerkship California Court of Appeal, Fifth Appellate District, 1983-1984 

  • Research attorney for Justice Pauline Davis Hanson

 

Superior Court of California, County of Monterey 

  • Research Attorney
  • Wrote published and unpublished opinions for the appellate department. 
  • Prepared tentative rulings for the judges in civil and criminal cases
  • Reviewed and issued memoranda opinions on all complicated law and motion matters before the court
  • Reviewed challenges to Monterey County General Plan

Admitted to practice

  • U.S. Supreme Court
  • Ninth Circuit Court of Appeal
  • U.S. District Court, Eastern District
  • U.S. District Court, Northern District
  • State Bar of California

Certifications

Appellate Certifications Earned 

  • Certified Legal Specialist in Appellate Law by The California State Bar Association

 

Trial Practice Certification

  • Certificate of Completion — Trial Advocacy Project (TAP) 2010

 

Dispute Resolution and Mediation Certifications 

  • Los Angeles County Bar Association, 40-Hour Mediation Training

Professional associations and memberships

Current 

  • California State Bar Association
  • Appellate Section, California State Bar
  • California Appellate Defense Counsel
  • Los Angeles County Bar Association
  • California Attorneys for Criminal Justice
  • National Association of Criminal Defense Lawyers

 

Former 

  • Consumer Attorneys of California
  • American Bar Association
  • Bar Association of San Francisco
  • San Francisco Trial Lawyer’s Association

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