Attorney Caitlin Dukes and her colleagues from the law firm Spolin & Dukes P.C. achieved a significant victory in a case where a client, previously convicted of murder, was granted an evidentiary hearing to consider removing the murder conviction from his record. The court of appeal made this major decision on January 17, 2024.
The judges, Presiding Justice Arthur Gilbert, Associate Justice Kenneth Yegan, and Associate Justice Tari Cody, signed off on this decision. The central issue was whether the trial court had acted improperly by denying the client the right to an evidentiary hearing about the removal of his murder conviction. The Spolin & Dukes attorneys argued that the lower court’s decision was erroneous and that the client deserved a comprehensive evidentiary hearing, including the ability to call witnesses and present documentary evidence, for a fair argument on whether the client warrants resentencing with the murder conviction removed.
The appeal court found that the lower court had relied on inadmissible material and its denial was insufficient. As a result, the case is now back in the lower court, where the judge is mandated to conduct the required evidentiary hearing, as sought by the firm. Not only was the case handled with aplomb, but the firm’s work led to a victory. Generally speaking, winning criminal appeals is a rare and difficult achievement.
Associate Justice Kenneth Yegan issued a concurring opinion in which he criticized the other justices for their approach to the case. Justice Yegan noted that the Spolin & Dukes client has already “whittled down” his sentence from 50 years to life to 15 years to life, with the possibility of more reductions in the Superior Court based on the current outcome. Nonetheless, even this conservative judge was forced to agree with the Spolin & Dukes attorneys in granting the appeal, writing: “But, I must concur for the reasons stated in People v. Arreguin.”
The client and his family were delighted with the outcome, as were the attorneys at the firm. Ms. Dukes acknowledges the hard work of not just her own but also the other attorneys, paralegals, assistants, and staff who dedicated many hours to provide the highest level of advocacy for this client. Their collective efforts paid off in this case, and she expresses her happiness and gratitude for the successful outcome.
