California – 2016 Cumulative Legislative Update below includes new posts through September 26, 2016
September 26, 2016 – 16:01 | Comments Off on California – 2016 Cumulative Legislative Update below includes new posts through September 26, 2016

September 26, 2016 | #2
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
• AB 33 by Assemblymember Bill Quirk (D-Hayward) – Electrical corporations: energy storage systems: long duration …

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THE WEEK’S CASES: for the week ending September 23, 2016
September 24, 2016 – 01:36 | Comments Off on THE WEEK’S CASES: for the week ending September 23, 2016

Menaster-2015-May-Cropped

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

ENTRY WITH INTENT TO COMMIT CONSPIRACY TO STEAL IS STILL COVERED BY PROP. 47
The DA here appeals from the trial court’s order granting Prop. 47 relief. First the DA argues that the defense failed to prove that the inmate was eligible in the original pleading. The C/A says that the trial court has discretion to conduct a hearing even absent evidence that the inmate is eligible. Moreover, if the court denies relief on that basis, it must permit the inmate to file a supplemental petition with evidence of eligibility. Prop. 47 created PC 459.5, shoplifting, entering a commercial establishment during regular business hours with intent to commit theft of property valued at not more than $950. The DA claims that the defendant here wasn’t eligible for PC 459.5, shoplifting, because she didn’t enter Sears only with the intent to commit larceny. She entered with an accomplice, so she also entered with the intent to commit conspiracy, rendering her ineligible for 459.5. The C/A rejects this position, saying that the conspiracy was a conspiracy to commit theft, so the entry was really to commit theft, and that permits a conviction of only 459.5.
People v. Huerta; E065365; 9/21/16; C/A 4th, Div. 2

PROP. 47 AND RECEIVING A STOLEN VEHICLE [More…] »

Breaking News Links, Continuing Legal Education - CPDA, Criminal Defense Practice Resources, Live Seminar (On-Site) Program Schedules/Flyers and Registration Info., MCLE Events - CPDA »

Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
September 20, 2016 – 19:50 | Comments Off on Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016

yosemite-dreamstime-03-medium-resolution

The California Public Defenders Association presents…

21st Annual Felony Defense Practice Seminar

Friday & Saturday, November 11-12, 2016

At Half Dome Village, a.k.a. Curry Pavilion, in Yosemite National Park!

Don’t miss this opportunity for an excellent training program in an excellent location!
Lodging reservations see below. Please note: Deadline for discounted lodging reservations is Oct. 10, 2016.

Coordinators:

Kathleen Cannon, Attorney at Law, San Diego, California

Charles Denton, Assistant Public Defender, Alameda County

Bart Sheela, Deputy Alternate Public Defender, San Diego County

Join us for this program that promises to provide an informative and practical approach to handling these difficult cases.We have developed an excellent line up of well-known experts who will be there to give you insights into how you can approach a variety of issues that arise in felony defense practice with better results.

CPDA has blocked a large group of lodging rooms at the Yosemite National Park Valley Lodge at a special rate. To reserve lodging at Yosemite Valley Lodge (inside the Park), please refer to the information included below for details. The program registration fee includes syllabus, reception on Friday, and breakfast on Saturday. Please note that you must make your lodging reservation immediately. MCLE & Legal Specialization credits apply (see below).

PROGRAM SCHEDULE – PROGRAM NUMBER S-566

DAY ONE – Friday, November 11, 2016 Half Dome Village

12:00 p.m. Registration & Check-In, Curry Pavilion. Soft Drinks & Chips

1:00 p.m. New Sentencing Practices Serving the Needs of Defendants – What Every Defense Attorney Needs To Know – Honorable Marion Gaston, Judge, San Diego Superior Court, San Diego County

2:30 p.m. Break

2:45 p.m. Enforcing the Law–BOLO for Prosecution Misconduct [1.5 hrs Ethics credit]

Michael Ogul, Deputy Public Defender, Santa Clara County [More…] »

Breaking News Links, Scientific Evidence, Scientific Evidence Issues »

New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
September 20, 2016 – 19:49 | Comments Off on New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods

bandicam-2016-09-20-19-44-42-703The President’s Council of Advisors on Science and Technology (PCAST) has released its report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.

Summary:
President’s Council of Advisors on Science and Technology recommends actions to strengthen forensic science and promote its more rigorous use in the courtroom.

Today, the President’s Council of Advisors on Science and Technology (PCAST) released its latest report to the President, Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods. “Forensic science” refers to the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence for criminal and civil law or regulatory issues. Developments over the past two decades—including wrongful convictions in which forensic science has played a role and scientific studies of forensic science methods—have called increasing attention to the question of the scientific validity and reliability of some important forms of forensic evidence and of testimony based upon them.

The study that led to the report was a response to the President’s question to his PCAST in 2015, as to whether there are additional steps on the scientific side, beyond those already taken by the Administration in the aftermath of a highly critical 2009 National Research Council report on the state of the forensic sciences, that could help ensure the validity of [More…] »

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

Criminal Law Case Summaries: August-September 2016
September 20, 2016 – 10:00 | Comments Off on Criminal Law Case Summaries: August-September 2016

Mandinach

Criminal Law Case Summaries: July-August 2016

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

1. People v. Garner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8651, the Second Appellate District, Division 4 held that the trial court erred in denying the defendant’s petition for resentencing under Prop 47. The Court of Appeal held that a felony conviction for second degree commercial burglary is reducible to misdemeanor shoplifting where the defendant entered the “commercial establishment” with intent to commit theft by false pretenses.

2. People v. Newman (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8631, the Second Appellate District, Division 2 held that the trial court did not err in denying the defendant’s motion to have his sentence modified under Prop 36, section 1170.126. In determining whether a defendant’s “third strike” conviction was for a violent felony, which in turn makes him ineligible for resentencing under the Three Strikes Reform Act, a court is empowered to consider the record of conviction and to make factual findings by a preponderance of the evidence, even if those findings were not made by the jury or the trial court in convicting defendant of the offense. (See People v. Frierson (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7352; contra to People v. Arevalo (2016) 244 Cal.App.4th 836.)

3. People v. Wagner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8653, the Fourth Appellate District, Division 1 held that the trial court erred when it incorrectly concluded it lacked jurisdiction under section 1473.6 to hear claims related to improper revocation of parole. Section 1473.6 gives the trial court jurisdiction to vacate its [More…] »

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

A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
August 18, 2016 – 20:14 | Comments Off on A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016

The California Public Defenders Association presents…

A Criminal Defense Practice Seminar in Palm Springs!

Saturday, October 22, 2016

At The DoubleTree Golf Resort Palm Springs

67967 Vista Chino, Cathedral City, California 92234

For Lodging see below – discount lodging cut-off date is almost here.

Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, California
Bart Sheela, Deputy Alternate Public Defender, San Diego County

Join us this year in beautiful Palm Springs and take advantage of this opportunity to hear a variety of highly experienced trial attorneys share their thoughts on many important topics related to Criminal Defense. CPDA has blocked a large group of lodging rooms at the DoubleTree Golf Resort Palm Springs at a discounted rate, so be sure to tell the hotel that you are with CPDA when you call to make reservations to take advantage of this special rate.

This program qualifies for California State Bar MCLE participatory credits, see box below. There is an early cut-off date for the special lodging rate, so make your reservations ASAP. Group-rate reservations cut-off date: September 21, 2016.

PROGRAM SCHEDULE – SATURDAY, OCTOBER 22, 2016 S-565

8:30 a.m. Litigating Fingerprint Evidence Using – What`s New in the World of Forensic Science

–> Jennifer Friedman, Deputy Public Defender, Los Angeles County

9:45 a.m. Strategic Negotiations

–> Geoffrey Canty, Deputy Public Defender, San Bernardino, County

11:00 a.m. Break [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: August-September 2016
September 20, 2016 – 10:00 | Comments Off on Criminal Law Case Summaries: August-September 2016
Criminal Law Case Summaries: August-September 2016

Criminal Law Case Summaries: July-August 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Garner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8651, the …

THE WEEK’S CASES: for the week ending September 23, 2016
September 24, 2016 – 01:36 | Comments Off on THE WEEK’S CASES: for the week ending September 23, 2016
THE WEEK’S CASES: for the week ending September 23, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ENTRY WITH INTENT TO COMMIT CONSPIRACY TO STEAL IS STILL COVERED BY PROP. 47
The DA here appeals from the trial court’s order granting Prop. …

Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
September 20, 2016 – 19:50 | Comments Off on Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016

The California Public Defenders Association presents…
21st Annual Felony Defense Practice Seminar
Friday & Saturday, November 11-12, 2016
At Half Dome Village, a.k.a. Curry Pavilion, in Yosemite National Park!
Don’t miss this opportunity for an excellent training program in …

New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
September 20, 2016 – 19:49 | Comments Off on New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods

The President’s Council of Advisors on Science and Technology (PCAST) has released its report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.

Summary:

President’s Council of Advisors on Science and Technology recommends actions to …

A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
August 18, 2016 – 20:14 | Comments Off on A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016

The California Public Defenders Association presents…
A Criminal Defense Practice Seminar in Palm Springs!
Saturday, October 22, 2016
At The DoubleTree Golf Resort Palm Springs
67967 Vista Chino, Cathedral City, California 92234
For Lodging see below – discount lodging cut-off …

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

New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
September 21, 2016 – 19:01 | Comments Off on
New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
<center>New Self-Study Video<br> July 26 – July 29, 2016<br>The 45th Annual Basic Trial Skills Institute</center>

The 45th Annual Basic Trial Skills Institute – Self-Study Video!

Tuesday, July 25 – Friday, July 29, 2016
The entire CPDA Calendar of Events page is located HERE
Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, …

THE WEEK’S CASES: for the week ending September 16, 2016
September 16, 2016 – 12:44 | Comments Off on THE WEEK’S CASES: for the week ending September 16, 2016
THE WEEK’S CASES: for the week ending September 16, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY REVERSED BECAUSE JUROR EXCUSED BASED SOLELY ON QUESTIONNAIRE
Another death sentence reversed by the Cal. Supremes. Other than penalty, they affirm, resulting in …

THE WEEK’S CASES: for the week ending September 9, 2016
September 2, 2016 – 09:50 | Comments Off on THE WEEK’S CASES: for the week ending September 9, 2016
THE WEEK’S CASES: for the week ending September 9, 2016

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

THE WEEK’S CASES: for the week ending August 26, 2016
August 26, 2016 – 11:06 | Comments Off on THE WEEK’S CASES: for the week ending August 26, 2016
THE WEEK’S CASES: for the week ending August 26, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DECLARATIONS AGAINST INTEREST
The defense sought to introduce evidence from two independent witnesses, both of whom would testify that Morris, the killer, told them that …

THE WEEK’S CASES: for the week ending August 19, 2016
August 19, 2016 – 09:40 | Comments Off on THE WEEK’S CASES: for the week ending August 19, 2016
THE WEEK’S CASES: for the week ending August 19, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
VETERANS’ DIVERSION AND DRIVING UNDER THE INFLUENCE CHARGES
VC 23640 says that courts can’t stay or suspend proceedings to allow DUI defendants to attend programs. …

Criminal Law Case Summaries: July-August 2016
August 18, 2016 – 23:54 | Comments Off on Criminal Law Case Summaries: July-August 2016
Criminal Law Case Summaries: July-August 2016

Criminal Law Case Summaries: July-August 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Frierson (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7352, the …

New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
August 12, 2016 – 17:27 | Comments Off on New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California

CPDA’s 8th Annual Two-Day DUI Defense Practice Institute

Friday & Saturday, June 3-4, 2016 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940
Program Coordinators:
Peter L. Arian, Attorney at Law, San Anselmo, California
Bruce Kapsack, Attorney …

THE WEEK’S CASES: for the week ending August 12, 2016
August 12, 2016 – 12:20 | Comments Off on THE WEEK’S CASES: for the week ending August 12, 2016
THE WEEK’S CASES: for the week ending August 12, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY REVERSED FOR IMPROPERLY KICKING OFF A HOLDOUT JUROR
The Cal. Supremes reverse this death penalty case, including reversing the guilty verdict, for improperly …

Criminal Law Case Summaries: June-July 2016
August 8, 2016 – 09:19 | Comments Off on Criminal Law Case Summaries: June-July 2016
Criminal Law Case Summaries: June-July 2016

Criminal Law Case Summaries: June-July 2016
by Gary Mandinach, Attorney at Law, California Appellate Project,

THE WEEK’S CASES: for the week ending August 5, 2016
August 5, 2016 – 16:57 | Comments Off on THE WEEK’S CASES: for the week ending August 5, 2016
THE WEEK’S CASES: for the week ending August 5, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JURISDICTION TO HEAR A PROP. 47 PETITION WHEN A CASE IS TRANSFERRED TO ANOTHER COURT
Funny intro to this Prop. 47 case: “Proposition 47 must …

THE WEEK’S CASES: for the week ending July 29, 2016
July 28, 2016 – 19:15 | Comments Off on THE WEEK’S CASES: for the week ending July 29, 2016
THE WEEK’S CASES: for the week ending July 29, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
POLICE DASHBOARD CAMERA VIDEO OF AN ARREST IS NOT A POLICE PERSONNEL RECORD
The officer’s police car dashboard camera recorded video of an arrest. A …