Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017
December 8, 2016 – 23:03 | Comments Off on Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017

The California Public Defenders Association presents…
A Special Two-Day Juvenile Defense Seminar
Friday & Saturday, January 20 & 21, 2017
The Portola Hotel and Spa – Two Portola Plaza, Monterey, California 93940
(Please take note of the new meeting …

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THE WEEK’S CASES: for the week ending December 9, 2016
December 9, 2016 – 18:04 | Comments Off on THE WEEK’S CASES: for the week ending December 9, 2016

Menaster-2015-May-Cropped

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

NO SEARCHES INCIDENT TO CITATIONS
The horrible McKay (27 C4th 601) case has been a thorn in our side for years. The police physically arrested Mr. McKay for a bicycle infraction, searched him incident to the arrest, and found drugs. Cal. law bars arresting a person for a Vehicle Code infraction (with exceptions). But we lost anyway. The Cal. Supremes (relying on Moore, 553 US 164) said that federal law didn’t require suppression even though under Cal. law, the police couldn’t lawfully take McKay into physical custody for the infraction. This time we win, substantially limiting McKay. The court says that there’s no “search incident to citation. If an actual arrest takes place, a search incident to that arrest is allowed if it is supported by federal Fourth Amendment jurisprudence, more restrictive state law notwithstanding.” The court specifically rejects the AG’s claim that “probable cause to arrest will always justify a search incident as long as an arrest follows.” The court also rejects the AG’s claim that since the police could have made an arrest, a search can’t result in suppression of the evidence. What this means is that if the police do arrest for a citation, even though that’s illegal, the resulting search doesn’t result in suppression. But if they don’t make an actual arrest, they can’t search. The court also rejects a good faith claim, saying that no reasonably well-trained officer would think he could make an arrest here. The court further admits that Diaz (51 C4th 84), permitting the police to search without a warrant on a cell phone seized incident to a custodial arrest, has been overruled by Riley (134 S.Ct. 2473). I realize that this is complicated and doesn’t make much sense, but the new rule gives us a way to win these cases, so we’ve got to master this. A custodial arrest permits a search; no custodial arrest, no search.
People v. Macabeo; S221852; 2016 WL 7048010; 2016 Cal. LEXIS 9586; 12/5/16; Cal. Supremes

FAILING TO TESTIFY AND PRESERVING AN IMPEACHMENT ISSUE FOR APPEAL [More…] »

Breaking News Links, Continuing Legal Education - CPDA, Continuing Legal Education - Live and On-Line Self Study, Live Seminar (On-Site) Program Schedules/Flyers and Registration Info., MCLE Events - CPDA »

Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017
December 8, 2016 – 23:03 | Comments Off on Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017

monterey_portola_02

The California Public Defenders Association presents…

A Special Two-Day Juvenile Defense Seminar

Friday & Saturday, January 20 & 21, 2017

The Portola Hotel and Spa – Two Portola Plaza, Monterey, California 93940
(Please take note of the new meeting facility if you have attended this program in the past)

For lodging reservations and registration information, see below

Program Coordinators:

Arthur L. Bowie, Supervising Assistant Public Defender, Sacramento County

Martin F. Schwarz, Senior Assistant Public Defender, Orange County

This is CPDA`s 26th annual two-day seminar devoted entirely to juvenile law issues. One day will focus on dependency law, the next day on delinquency law. The program will feature discussions and lectures by some of the most experienced attorneys and experts practicing in the field of juvenile law issues. Written materials are included in the price of registration. This program qualifies for California MCLE participatory credit (see below).

DAY ONE – JUVENILE DEPENDENCY – FRIDAY, JANUARY 20, 2017 [More…] »

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

Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez – Sat., January 14, 2017
November 29, 2016 – 17:39 | Comments Off on Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez – Sat., January 14, 2017

hyatt-regency-mission-bay-exterior

The California Public Defenders Association presents…

Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez

Saturday January 14, 2017

At The Hyatt Regency Mission Bay
1441 Quivira Road, San Diego, California 92109

Program Coordinators:

Laura Arnold, Deputy Public Defender, Riverside County

Bart Sheela, Deputy Alternate Public Defender, San Diego County

This important half-day program was added to CPDA’s training calendar this year in direct response to the landmark order in last May’s California Supreme Court case, People v. Franklin. This case, creates an affirmative duty for trial counsel to create and submit “a time capsule” regarding the client’s “youth factors”, to be opened, considered, and given “great weight” when the client is being considered for Youthful Offender Parole after 15 or more years of confinement. This duty applies to all clients who committed a crime when they are or were younger than 23, which will result in an indeterminate, non-LWOP, sentence or even a determinate term sentence which will result in at least 15 years of confinement. What exactly is our duty, how do we fulfill it, and why is it likely to matter? Please join us either ONLINE (self-study credits) via the CPDA members website live streaming, or IN PERSON (participatory credits) in sunny San Diego, to learn how to identify your YOP-eligible clients, how to represent and advise them, and what exactly we’re supposed to have been doing ever since Franklin was decided.

PROGRAM 567 – SATURDAY – JANUARY 14, 2017

Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez [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

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

Criminal Law Case Summaries: October-November 2016
November 22, 2016 – 21:27 | Comments Off on Criminal Law Case Summaries: October-November 2016

Mandinach

Criminal Law Case Summaries:  2016

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

1. People v. Cady (2016) Cal.App.5th , reported on October 24, 2016, in 2016 Los Angeles Daily Journal 10445, the Fourth Appellate District, Division 1 held that driving under the influence of alcohol causing injury, section 23153, subdivision (a), is a lesser included offense of driving under the combined influence of alcohol and a drug causing injury, section 23153, subdivision (f). Additionally, the Court of Appeal found that the trial court did not err in failing to sua sponte on vehicular manslaughter while intoxicated, section 191.5, subdivision (a), as a lesser included offense of gross vehicular manslaughter while intoxicated, section 191.5, subdivision (b) . Counsel made a deliberate decision not to seek such an instruction and told the court the defendant agreed with that decision, and there was no evidence from which a jury might conclude that defendant committed the lesser offense.

2. People v. Johnson (2016) Cal.App.5th , reported on October 24, 2016, in 2016 Los Angeles Daily Journal 10462, the Fourth Appellate District, Division 2 held that the trial court erred by not instructing the jury, in a retrial on second degree murder, on which the first jury hung, on prior convictions for manslaughter, section 191.5, subdivision (a), and hit and run, Vehicle Code section 20001, subdivision (b)(2), which he suffered in the first trial, during the retrial after the hung jury on the second degree murder count. (See People v. Batchelor (2014) 229 Cal.App.4th 1102.) The trial court=s instruction during the retrial on the second degree murder, that defendant had been convicted of two of the three charges brought by the district attorney, and that the jury=s task would be to address the one count that was left unresolved in the first trial, impermissibly and prejudicially allowed jury to speculate as to what the two unknown charges from the previous trial might have been. This left open the distinct possibility that defendant would, absent a conviction for murder, avoid any conviction holding him directly accountable for the death of the victim.

3. People v. Superior Court (Rangel) Cal.App.5th , reported on October 24, 2016, in 2016 Los Angeles Daily Journal 10481, the Fourth Appellate [More…] »

Breaking News Links, 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 10, 2016 – 16:14 | Comments Off on Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders

think_tank_03

Most recent update: November 10, 2016 | 11:03 am

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, 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
November 9, 2016 – 13:03 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: November 10, 2016 | 11:37 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…] »

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: October-November 2016
November 22, 2016 – 21:27 | Comments Off on Criminal Law Case Summaries: October-November 2016
Criminal Law Case Summaries: October-November 2016

Criminal Law Case Summaries:  2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Cady (2016) Cal.App.5th , reported on October 24, 2016, in 2016 Los Angeles Daily Journal 10445, the …

THE WEEK’S CASES: for the week ending December 9, 2016
December 9, 2016 – 18:04 | Comments Off on THE WEEK’S CASES: for the week ending December 9, 2016
THE WEEK’S CASES: for the week ending December 9, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
NO SEARCHES INCIDENT TO CITATIONS
The horrible McKay (27 C4th 601) case has been a thorn in our side for years. The police physically arrested …

Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017
December 8, 2016 – 23:03 | Comments Off on Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017
Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017

The California Public Defenders Association presents…
A Special Two-Day Juvenile Defense Seminar
Friday & Saturday, January 20 & 21, 2017
The Portola Hotel and Spa – Two Portola Plaza, Monterey, California 93940
(Please take note of the new meeting …

Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez – Sat., January 14, 2017
November 29, 2016 – 17:39 | Comments Off on Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez – Sat., January 14, 2017
Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez – Sat., January 14, 2017

The California Public Defenders Association presents…
Trial Counsel’s Responsibilities to Youth Offenders in Light of Franklin & Perez
Saturday January 14, 2017
At The Hyatt Regency Mission Bay
1441 Quivira Road, San Diego, California 92109
Program Coordinators:
Laura Arnold, Deputy Public …

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 10, 2016 – 16:14 | 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: November 10, 2016 | 11:03 am
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 …

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
November 9, 2016 – 13:03 | 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: November 10, 2016 | 11:37 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 …

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

THE WEEK’S CASES: for the week ending December 2, 2016
December 2, 2016 – 10:23 | Comments Off on THE WEEK’S CASES: for the week ending December 2, 2016
THE WEEK’S CASES: for the week ending December 2, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DOUBLE JEOPARDY NOT A BAR TO RETRIAL OF INCONSISTENT VERDICTS
We’ve never gotten action when the jury returns inconsistent verdicts, and we lose another case …

THE WEEK’S CASES: for the week ending November 23, 2016
November 23, 2016 – 10:59 | Comments Off on THE WEEK’S CASES: for the week ending November 23, 2016
THE WEEK’S CASES: for the week ending November 23, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ATTEMPTED CHILD MOLESTING BY TEXTING
Outrage of the week. This defendant texted underaged (under 14) girls to take nude pictures of themselves and send them …

Criminal Law Case Summaries: September-October 2016
November 20, 2016 – 21:24 | Comments Off on Criminal Law Case Summaries: September-October 2016
Criminal Law Case Summaries: September-October 2016

Criminal Law Case Summaries: July-August 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re J.G. (2016) Cal.App.5th , reported on September 22, 2016, in 2016 Los Angeles Daily Journal 9736, the …

THE WEEK’S CASES: for the week ending November 18, 2016
November 19, 2016 – 17:09 | Comments Off on THE WEEK’S CASES: for the week ending November 18, 2016
THE WEEK’S CASES: for the week ending November 18, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
THE RIGHT TO PRIVACY AND SHARING INTERNET FILES
The police here used software (called Roundup) that targets peer-to-peer file-sharing networks to identify Internet Protocol (IP) …

THE WEEK’S CASES: for the week ending November 11, 2016
November 14, 2016 – 12:47 | Comments Off on THE WEEK’S CASES: for the week ending November 11, 2016
THE WEEK’S CASES: for the week ending November 11, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PLEA BARGAINS AND PROP. 47
Let’s say that your client moves to reduce his felony to a misdemeanor under Prop. 47. Granted. Hey, the DA …

THE WEEK’S CASES: for the week ending November 4, 2016
November 4, 2016 – 11:11 | Comments Off on THE WEEK’S CASES: for the week ending November 4, 2016
THE WEEK’S CASES: for the week ending November 4, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
COURT CAN’T PARSE A RECORD OF CONVICTION TO DETERMINE THAT A PRIOR IS A STRIKE
The trial court found that this defendant’s Mexican murder conviction …

THE WEEK’S CASES: for the week ending October 28, 2016
October 31, 2016 – 19:25 | Comments Off on THE WEEK’S CASES: for the week ending October 28, 2016
THE WEEK’S CASES: for the week ending October 28, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
EXCLUSION OF EXPERT TESTIMONY ABOUT HOMELESSNESS AND VIOLENCE WAS ERROR
The defendant and the victim were both homeless. The defendant killed the victim and was …

THE WEEK’S CASES: for the week ending October 21, 2016
October 21, 2016 – 22:42 | Comments Off on THE WEEK’S CASES: for the week ending October 21, 2016
THE WEEK’S CASES: for the week ending October 21, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PRE-FILING DELAY, PREJUDICE, AND INEFFECTIVE ASSISTANCE OF COUNSEL
The shooting here occurred in 1992. The suspects were identified right away. But the case wasn’t filed …

Employment Opportunity: EXECUTIVE DIRECTOR, CRIMINAL JUSTICE PROGRAM, UCLA SCHOOL OF LAW
October 20, 2016 – 22:02 | Comments Off on Employment Opportunity: EXECUTIVE DIRECTOR, CRIMINAL JUSTICE PROGRAM, UCLA SCHOOL OF LAW
Employment Opportunity: EXECUTIVE DIRECTOR, CRIMINAL JUSTICE PROGRAM, UCLA SCHOOL OF LAW

The UCLA School of Law is seeking a highly energetic individual with significant criminal justice policy and/or legal practice experience to be the Executive Director of a newly established Criminal Justice Program (“Program”). The Program …

THE WEEK’S CASES: for the week ending October 14, 2016
October 14, 2016 – 21:51 | Comments Off on THE WEEK’S CASES: for the week ending October 14, 2016
THE WEEK’S CASES: for the week ending October 14, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
OUT-ON-BAIL ENHANCEMENTS AND CONVICTION OF A MISDEMEANOR
PC 12022.1 is the out-on-bail enhancement. A defendant is on bail in felony case A and picks up …

THE WEEK’S CASES: for the week ending October 7, 2016
October 8, 2016 – 02:06 | Comments Off on THE WEEK’S CASES: for the week ending October 7, 2016
THE WEEK’S CASES: for the week ending October 7, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
RELIANCE BY AN EXPERT ON HEARSAY
Must read case. The DA presented a police criminalist who testified to what the specific drugs various pills were; …