McClish appeal denied by state court

An appeal to a federal appellate court could be the final option for Ben Lomond’s Michael McClish after the California Supreme Court turned down his petition to have his case reviewed by the highest court in the state.
The court denied McClish’s petition for review Dec. 18.
“He still does have federal remedies,” said McClish’s appellate attorney, Mark Greenberg of San Francisco. “He can move ahead to federal appeals court.”
Greenberg said his appointment ended at the state level, and McClish and his family will have to decide whether to take the appeal to the federal court.
In September 2007, a jury convicted McClish of raping and sodomizing a San Lorenzo Valley woman and threatening her with a hatchet. He was sentenced to 18 years and eight months to life in state prison.
He has professed innocence in that case.
Greenberg filed an appeal in October, asking that the state Supreme Court review the case to determine if McClish received a fair trial. His appeal questioned why specific testimony and evidence was allowed and other testimony was not allowed.
The state Supreme Court, Greenberg said, takes important issues of law into consideration, but it declined the petition to review this case. Greenberg hoped the court would take on the case, but it was not surprised at the denial.
“(The decision) doesn’t reflect poorly on the merits of the case,” Greenberg said.
In a separate matter, McClish was arrested in May 2008 and charged with the murder of Joanna “Asha” Veil and her unborn baby in 2006. That case has not gone to trial.