Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:37 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: February 17, 2017 | 8:37 pm
First published November 9, 2016.  Updated as additional documents become available.
This Proposition 57 Resource Center will be seeing many resources added over the next few weeks, so …

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Criminal Justice News
z (Self Study)
Digests – Mandinach
Nuts & Bolts – Towery
Week’s c….Menaster

Case Digests, Criminal Law Case Law Digests, Publications, and Reviews, The Week's Cases, Week's c....Menaster »

THE WEEK’S CASES: for the week ending February 17, 2017
February 17, 2017 – 18:58 | Comments Off on THE WEEK’S CASES: for the week ending February 17, 2017

Menaster-2015-May-Cropped

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.

ILLEGAL ENTRY INTO A RESIDENCE IS NOT CURED BY A LATER SEARCH WARRANT
The police repeatedly ignored the defendant’s invocations of Miranda and browbeat him, eventually getting consent to search his residence. The C/A says that under the totality of the circumstances, the consent was invalid. The police went into the defendant’s residence without a warrant and there was no [More…] »

Breaking News Links, Juvenile Delinquency, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules »

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:37 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: February 17, 2017 | 8:37 pm

First published November 9, 2016.  Updated as additional documents become available.

This Proposition 57 Resource Center will be seeing many resources added over the next few weeks, so be sure to subscribe to the Claranet411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

 

[More…] »

Case Digests, Criminal Law Case Law Digests, Publications, and Reviews, Criminal Law Summaries by Gary Mandinach, Digests - Mandinach »

Criminal Law Case Summaries: December 2016 – January 2017
February 2, 2017 – 12:29 | Comments Off on Criminal Law Case Summaries: December 2016 – January 2017

Mandinach

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California

1. People v. Brown (2016) Cal.App.5th , reported on December 21, 2016, in 2016 Los Angeles Daily Journal 12496, the Fourth Appellate District, Division 2 held that section 137, subdivision (c), which makes it a felony to induce a person to give false testimony or to give false information to a police officer, is not necessarily more specific than section 136.1, subdivision (b)(2), making it a felony to attempt to dissuade a victim or witness from participating in the prosecution of a crime, so conduct that violates both statutes may be prosecuted under either. The prosecutors’ decision to charge the defendant under section 136.1, subdivision (b)(2), which carries a greater potential penalty than section 137, subdivision (c), did not violate the Equal Protection Clause in the absence of a showing that the decision was arbitrary or irrational. (See People v. Wilkinson (2004) 33 Cal.4th 821, 838-839.) The trial court did not err in failing to instruct on section 137 and correctly barred counsel from arguing that defendant was guilty under section 137 rather than under section 136.1. Counsel was essentially seeking an instruction on a lesser related offense, which could not be granted without the prosecution’s consent. (People v. Jennings (2010) 50 Cal.4th 616, 668; see also People v. Birks (1998) 10 Cal.4th 108.)

2. People v. Relkin (2016) Cal.App.5th , reported on December 23, 2016, in 2016 Los Angeles Daily Journal 12632, the Third Appellate District held that it was not in error to require, as a condition of probation that the defendant to obtain “written permission from the probation officer” before leaving the State of California was reasonably related to his conviction for sale and transportation of controlled substances and did not unduly inhibit his exercise of the right to travel. (See In re White (1979) [More…] »

Breaking News Links, Continuing Legal Education - Live and On-Line Self Study, MCLE Events - CPDA, z (Self Study) »

New Self-Study Video
Trial Counsel’s Responsibilities to Youth Offenders
in Light of Franklin & Perez

Recorded Saturday, Jan. 14, 2017
January 5, 2017 – 21:34 | Comments Off on
New Self-Study Video
Trial Counsel’s Responsibilities to Youth Offenders
in Light of Franklin & Perez

Recorded Saturday, Jan. 14, 2017

MCLE Self-Study Opportunity Recorded Live

Recorded Saturday, January 14, 2017

This is the early release version (Only minor edits have been made, no titles added yet, sound is has not been processed for balance and compression, and the resolution of this field recording will be replaced soon with the studio equipment recorded version).

 

Program Coordinators:

Laura Arnold, Deputy Public Defender, Riverside County
Bart Sheela, Deputy Alternate Public Defender, San Diego County

See below for the exact order of program topics and speakers.
(Note: You must log in to view this members-only content below (see login box on upper right panel of this page)

[More…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules »

New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
December 28, 2016 – 11:57 | Comments Off on New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law

Byers_Garrick_2013_February

First published December 28, 2016 | Latest update: January 4, 2017 |  1:39 PM

Selected [More…] »

Breaking News Links, Continuing Legal Education - CPDA, CPDA Events, MCLE Events - CPDA »

CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information
November 29, 2016 – 13:18 | Comments Off on
CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information

cacj-cpda-ccds-2017-banner
CACJ & CPDA proudly present the

2017 Capital Case Defense Seminar

February 17-20, 2017

Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Proposition 64 of 2016 Recreational MJ »

Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
November 9, 2016 – 02:56 | Comments Off on Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders

think_tank_03

Most recent update: January 3, 2017 | 9:56 pm

First published November 10, 2016.  Updated as additional documents become available.

This Proposition 64 Resource Center (The Adult Use of Marijuana Act of 2016), will be seeing many resources added over the next few weeks, so be sure to subscribe to the Defender411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

(Note: You must log in (over on the right side of this page) to view this members-only content (see log-in box on upper right panel of this page) If you have problems logging in, you can email tech support at claratech @ cpda.org   All practice tips and practice samples are on this site but members cannot access them until fully logged in on this site, which you may do by using the login box on the right side of this page.  If you have not renewed your membership, you can do that via this link, or you can call during business hours 1.800.538.4993 x 304 and renew by phone to gain access to this members website.

[More…] »

Breaking News Links, CPDA Members »

New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
January 6, 2016 – 20:18 | Comments Off on New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store

 

The CLARANET App.

Claranet Subscribers Android Apps on Google PlayThe Claranet Subscribers App was created to help subscribers navigate the network of services available which includes a motions bank, articles and booklets bank, criminal practice codes, a huge library of self-study resources, a vBulletin and Yammer based forums, a list server (however, this app does not involve the email list server system – email programs are best left to handle that, presently).

The app also enables subscribers who use the new app to conduct direct messaging (one-to-one), and group messaging.  The app also includes some other handy features such as a calendar that includes links to register for CPDA continuing legal education events held throughout the state.   It’s easy to install and there’s no fees associated with use of the app as long as one maintains current membership in CPDA,  and pays the additional annual subscription fee for the Claranet service ($175/year).

Two download options for the Claranet App:

1. Download from the Google Play Store:
https://play.google.com/store/apps/details?id=com.groupahead.claranetapp

2. Download from the Apple App Store:
https://itunes.apple.com/us/app/claranet-subscribers/id1067854635?mt=8

[More…] »

ClaranetZap App »

Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
March 10, 2015 – 00:56 | Comments Off on Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP

claranetzap.teamapp.com 2015-03-06 22-14-58It’s not that complicated to install the Team App engine for the new ClaranetZap App [More…] »

Criminal Law Case Summaries: December 2016 – January 2017
February 2, 2017 – 12:29 | Comments Off on Criminal Law Case Summaries: December 2016 – January 2017
Criminal Law Case Summaries: December 2016 – January 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Brown (2016) Cal.App.5th , reported on December 21, 2016, in 2016 Los Angeles Daily Journal 12496, the Fourth Appellate District, Division …

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:37 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: February 17, 2017 | 8:37 pm
First published November 9, 2016.  Updated as additional documents become available.
This Proposition 57 Resource Center will be seeing many resources added over the next few weeks, so …

THE WEEK’S CASES: for the week ending February 17, 2017
February 17, 2017 – 18:58 | Comments Off on THE WEEK’S CASES: for the week ending February 17, 2017
THE WEEK’S CASES: for the week ending February 17, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ILLEGAL ENTRY INTO A RESIDENCE IS NOT CURED BY A LATER SEARCH WARRANT
The police repeatedly ignored the defendant’s invocations of Miranda and browbeat him, …

New Self-Study Video
Trial Counsel’s Responsibilities to Youth Offenders
in Light of Franklin & Perez

Recorded Saturday, Jan. 14, 2017
January 5, 2017 – 21:34 | Comments Off on
New Self-Study Video
Trial Counsel’s Responsibilities to Youth Offenders
in Light of Franklin & Perez

Recorded Saturday, Jan. 14, 2017
<center>New Self-Study Video<br><font color=red>Trial Counsel’s Responsibilities to Youth Offenders <br>in Light of Franklin & Perez</font><br> Recorded Saturday, Jan. 14, 2017 </center>

MCLE Self-Study Opportunity Recorded Live

Recorded Saturday, January 14, 2017
This is the early release version (Only minor edits have been made, no titles added yet, sound is has not been processed for balance and compression, and …

New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
December 28, 2016 – 11:57 | Comments Off on New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law

First published December 28, 2016 | Latest update: January 4, 2017 |  1:39 PM
Selected

CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information
November 29, 2016 – 13:18 | Comments Off on
CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information
<center>CACJ & CPDA 2017 Capital Case Defense Seminar<br>Program Information</center>

CACJ & CPDA proudly present the
2017 Capital Case Defense Seminar
February 17-20, 2017
Hilton

Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
November 9, 2016 – 02:56 | Comments Off on Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders

Most recent update: January 3, 2017 | 9:56 pm
First published November 10, 2016.  Updated as additional documents become available.
This Proposition 64 Resource Center (The Adult Use of Marijuana Act of 2016), will be seeing many …

New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
January 6, 2016 – 20:18 | Comments Off on New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store

 
The CLARANET App.
The Claranet Subscribers App was created to help subscribers navigate the network of services available which includes a motions bank, articles and booklets bank, criminal practice codes, a huge library of self-study resources, a …

Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
March 10, 2015 – 00:56 | Comments Off on Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
Get the App!  It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP

It’s not that complicated to install the Team App engine for the new ClaranetZap App

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
February 13, 2017 – 17:51 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

Most recent update: February 13, 2017| 5:51 PM | First published October 30, 2014.  Updated as additional documents become available.
This Proposition 47 Resource Center will be seeing many resources added over the next few weeks, so …

THE WEEK’S CASES: for the week ending February 10, 2017
February 10, 2017 – 17:52 | Comments Off on THE WEEK’S CASES: for the week ending February 10, 2017
THE WEEK’S CASES: for the week ending February 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WEAPON AND DRUG PROBATION CONDITIONS; KNOWLEDGE REQUIRED?
The defendant was convicted of possession of cocaine base for sale. Among the probation conditions imposed were orders …

THE WEEK’S CASES: for the week ending February 3, 2017
February 4, 2017 – 11:19 | Comments Off on THE WEEK’S CASES: for the week ending February 3, 2017
THE WEEK’S CASES: for the week ending February 3, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ENTERING TO OBTAIN DRUGS WITH A FORGED PRESCRIPTION IS NOT SHOPLIFTING
The defendant entered a store with the intent to obtain drugs by using a …

THE WEEK’S CASES: for the week ending January 27, 2017
January 27, 2017 – 17:08 | Comments Off on THE WEEK’S CASES: for the week ending January 27, 2017
THE WEEK’S CASES: for the week ending January 27, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 57: DIRECT-FILE JUVENILES IN PENDING CASES GET RETURNED TO JUVENILE COURT
Prop. 57 repealed the direct-file provisions of Prop. 21. Prop. 21 permitted certain …

THE WEEK’S CASES: for the week ending January 20, 2017
January 20, 2017 – 10:11 | Comments Off on THE WEEK’S CASES: for the week ending January 20, 2017
THE WEEK’S CASES: for the week ending January 20, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
MULTIPLE CONVICTIONS FOR A SINGLE ACT OF RAPE?
In Craig (17 C2d 453), the Cal. Supremes barred multiple convictions of forcible rape and statutory rape …

THE WEEK’S CASES: for the week ending January 13, 2017
January 14, 2017 – 10:07 | Comments Off on THE WEEK’S CASES: for the week ending January 13, 2017
THE WEEK’S CASES: for the week ending January 13, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CASE-SPECIFIC HEARSAY AS BASIS FOR EXPERT’S OPINIONS IS BARRED
This is a Sexually Violent Predator (SVP) case; the C/A applies Sanchez (63 C4th 665) and …

THE WEEK’S CASES: for the week ending January 6, 2017
January 6, 2017 – 12:54 | Comments Off on THE WEEK’S CASES: for the week ending January 6, 2017
THE WEEK’S CASES: for the week ending January 6, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WHEN DOES A BURGLARY END?
PC 667.5(c) lists violent felonies; this triggers various consequences including the 15% credit limitation. One violent felony is a burglary …

THE WEEK’S CASES: for the week ending December 30, 2016
December 30, 2016 – 23:03 | Comments Off on THE WEEK’S CASES: for the week ending December 30, 2016
THE WEEK’S CASES: for the week ending December 30, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ONE ACT RESULTS IN ROBBERY AND CARJACKING; NOT OK TO IMPOSE TWO SENTENCES
The defendant pulled out a gun and ordered the victim out of …

Criminal Law Case Summaries: November-December 2016
December 29, 2016 – 17:08 | Comments Off on Criminal Law Case Summaries: November-December 2016
Criminal Law Case Summaries: November-December 2016

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Munoz (2016) Cal.App.5th , reported on November 21, 2016, in 2016 Los Angeles Daily Journal 11469, the First Appellate District, Division …

THE WEEK’S CASES: for the week ending December 23, 2016
December 23, 2016 – 12:29 | Comments Off on THE WEEK’S CASES: for the week ending December 23, 2016
THE WEEK’S CASES: for the week ending December 23, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
INCREASED FINE FOR JAIL APPLIES RETROACTIVELY
For decades, when a fine was converted to jail time the conversion rate was $30/day. A $390 DUI fine …

THE WEEK’S CASES: for the week ending December 16, 2016
December 19, 2016 – 14:29 | Comments Off on THE WEEK’S CASES: for the week ending December 16, 2016
THE WEEK’S CASES: for the week ending December 16, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
MATERIALITY TO OBTAIN