Governor Brown Announces Superior Court Appointments   05-22-2017
May 22, 2017 – 16:46 | Comments Off on Governor Brown Announces Superior Court Appointments 05-22-2017

Governor Brown Appoints Laura S. Woods to Tehama County Superior Court 05-22-2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of Laura S. Woods to a judgeship in the Tehama County Superior Court.
Woods, …

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

Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Proposition 47 of 2014 Safe Neighborhoods & Schools Act »

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
May 23, 2017 – 11:07 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

books-electronic-06Most recent update: May 23, 2017| 11:07 AM | 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 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.   Note: The Prop. 47 analysis document is available on the front page of this site without logging in, but any sample practice documents and memos related to tips and suggestions, etc. that are written specifically for defenders are not accessible unless you log in. Also, if you have a motion, memo, etc. that you would like to share with other CPDA members, you can use this link to contribute: CPDA Members & Claranet Subscribers Upload Link

trafficI. Briefing documents related to Proposition 47 issued by defense attorneys. [More…] »

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 May 19, 2017
May 22, 2017 – 11:08 | Comments Off on THE WEEK’S CASES: for the week ending May 19, 2017

Menaster-2015-May-Cropped

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

IMPEACHING DEFENSE EXPERTS WITH STATEMENTS OBTAINED ILLEGALLY FROM THE DEFENDANT
During the sanity trial, the defense called mental health experts. The DA was permitted to impeach the defense experts with statements the defendant made during a police interrogation. Those statements were made after the defendant invoked his right to counsel. In Harris (401 US 222), the US Supremes ruled that a testifying defendant can be impeached with statements taken in violation of the 6th Amendment. But in James v. Ill. (493 US 307), the Supremes barred impeachment of defense witnesses with statements obtained from the defendant in violation of the 6th Amendment, refusing to extend Harris. This crazy C/A says that James stressed that allowing such impeachment wouldn’t promote the truth-seeking function of a criminal trial. Allowing such impeachment here would promote seeking the truth. After all, an expert wouldn’t perjure himself/herself. There’s language in Andreasen (214 CA4th 70) barring this sort of impeachment. The C/A says that Andreasen didn’t involve impeaching defense experts, so it doesn’t control. Outrage of the week.
People v. Edwards; H042144; 5/16/17; C/A 6th

PROP. 57 AND RETROACTIVITY
The defendant in this case was a juvenile, directly filed on in adult court. Prop. 57 abolished direct filing. Is Prop. 57 retroactive? Vela (11 CA5th 68) said yes, it’s fully retroactive to cases pending on appeal, relying on Estrada (63 C2d 740). Several cases have ruled that Prop. 57 is not retroactive, now including this case. Note that two cases have recently said that Prop. 57 does apply to cases currently pending for trial. (Lara, 9 CA5th 753; Cervantes, 9 CA5th 569.) This C/A says that Prop. [More…] »

Breaking News Links, Juvenile Delinquency - Self-Study, Self-Study - Video Streaming, Audios, DVDs, z (Self Study) »

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:47 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program

CPDA’s 48th Annual Convention & MCLE Program

Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM

 


 

Traci Owens speaking at the 2017 Convention in Olympic Valley, CA

 


CPDA Continuing Legal Education & Training Program Coordinators:
Kathleen Cannon, Attorney at Law, Vista, California
CPDA Convention Coordinators
Traci Owens, Deputy Public Defender, Santa Clara County
Kathleen Pozzi, Public Defender, Sonoma County

 


Recorded Saturday April 29, 2017

[More…] »

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

Criminal Law Case Summaries: March 2017 – April 2017
May 3, 2017 – 17:08 | Comments Off on Criminal Law Case Summaries: March 2017 – April 2017

Mandinach

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

1. People v. Garcia (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2596, the California Supreme Court held that the conditions of probation that a sex offender waive the “privilege against self-incrimination and participate in polygraph examinations,” and waive the psychotherapist-patient privilege “to enable communication between the sex offender management professional and supervising probation officer,” under section 1203.067, are not constitutionally overbroad or unreasonable. A probation condition may limit a constitutional right so long as the condition is closely tailored to its purpose. (See also Minnesota v. Murphy (1984) 465 U.S. 420.)

2. People v. Merritt (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2586, the California Supreme Court held that the failure to instruct on the elements of a charged crime, here robbery, can, under appropriate circumstances, be found to be harmless error. (See Neder v. United States (1999) 527 U.S. 1, 19 [if no rational jury could have found the missing element unproven, the error is harmless beyond a reasonable doubt]; accord People v. Flood (1998) 18 Cal.4th 470, 506.) Here, the attorneys addressed the elements and the defendant conceded to the fact that the crime occurred.

3. People v. Chestra (2017) Cal.App.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2578, the Second [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
May 3, 2017 – 12:40 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: May 3, 2017 | 12:40 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…] »

Continuing Legal Education - CPDA, MCLE Events - CPDA »

California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
April 19, 2017 – 21:12 | Comments Off on
California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017

CPDA’s 9th Annual Two-Day DUI Defense Practice Institute
Friday & Saturday, June 2-3, 2017 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940

Program Coordinators:
Bruce Kapsack, Assistant Public Defender, Shasta County
Jose Varela, Marin County Public Defender

Join us for this special continuing legal education seminar that will provide an informative and practical approach to handling driving under the influence cases.  The speakers are all recognized experts in handling DUI cases and this annual seminar will give you an opportunity to sharpen your skills and knowledge as you defend these difficult cases.  We have blocked a large group of lodging rooms at the Portola Hotel and Spa at a very special 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.   Please note: The lodging cut-off date for our special rate is close of business on May 2nd, so make your reservations at the hotel now. The program registration fee includes syllabus.
[Quick link – Register online for this program: http://defender411.us/201706R ] 

First published April 19, 2017

 

DAY ONE – FRIDAY, JUNE 2, 2017

12:00 p.m Registration/Check In

1:00 p.m. Introductions & Announcements [More…] »

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
March 2, 2017 – 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: March 3, 2017 | 8:56 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, 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, 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…] »

Continuing Legal Education - CPDA, Continuing Legal Education - Live and On-Line Self Study, MCLE Events - CPDA, Self-Study - Video Streaming, Audios, DVDs, z (Self Study) »

New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
May 23, 2017 – 11:34 | Comments Off on
New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
Recorded on Saturday March 4, 2017
Updated May 23, 2017 – This page first published Sunday, March 5, 2017

Program Coordinator:

Garrick Byers, Statute Decoder, CPDA Legislative Committee Member,
Attorney at Law, Point Richmond, California

See below for the exact time schedule for 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…] »

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
May 23, 2017 – 11:07 | 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: May 23, 2017| 11:07 AM | 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 May 19, 2017
May 22, 2017 – 11:08 | Comments Off on THE WEEK’S CASES: for the week ending May 19, 2017
THE WEEK’S CASES: for the week ending May 19, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
IMPEACHING DEFENSE EXPERTS WITH STATEMENTS OBTAINED ILLEGALLY FROM THE DEFENDANT
During the sanity trial, the defense called mental health experts. The DA was permitted to …

Criminal Law Case Summaries: March 2017 – April 2017
May 3, 2017 – 17:08 | Comments Off on Criminal Law Case Summaries: March 2017 – April 2017
Criminal Law Case Summaries: March 2017 – April 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Garcia (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2596, the California Supreme Court held …

California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
April 19, 2017 – 21:12 | Comments Off on
California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
<center>California Public Defenders Association’s<br>9th Annual Two-Day<br>DUI Defense Practice Institute<br>Monterey Portola Hotel and Spa<br>Friday & Saturday, June 2-3, 2017 </center>

CPDA’s 9th Annual Two-Day DUI Defense Practice Institute
Friday & Saturday, June 2-3, 2017 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940
Program Coordinators:
Bruce Kapsack, Assistant Public Defender, Shasta County
Jose Varela, Marin County Public Defender
Join …

Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
March 2, 2017 – 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: March 3, 2017 | 8:56 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 …

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:47 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
<center>(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program<br></center>

CPDA’s 48th Annual Convention & MCLE Program
Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM
 

 
 

CPDA Continuing Legal …

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
May 3, 2017 – 12:40 | 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: May 3, 2017 | 12:40 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 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

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 May 12, 2017
May 12, 2017 – 23:27 | Comments Off on THE WEEK’S CASES: for the week ending May 12, 2017
THE WEEK’S CASES: for the week ending May 12, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PRELIMINARY HEARINGS AND THE 60-DAY RULE
We tend to focus on the part of PC 859b which requires a preliminary hearing within 10 court days …

THE WEEK’S CASES: for the week ending May 5, 2017
May 6, 2017 – 09:30 | Comments Off on THE WEEK’S CASES: for the week ending May 5, 2017
THE WEEK’S CASES: for the week ending May 5, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ILLEGALLY TAPED PHONE CONVERSATIONS ARE NOT EXCLUDED FROM EVIDENCE
In Lance W. (37 C3d 873) the Cal. Supremes ruled that Prop. 8 bars suppression of …

THE WEEK’S CASES: for the week ending April 28, 2017
April 28, 2017 – 11:30 | Comments Off on THE WEEK’S CASES: for the week ending April 28, 2017
THE WEEK’S CASES: for the week ending April 28, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
RECALL OF SENTENCES FOR JUVENILES SERVING LIFE WITHOUT PAROLE
Miller (132 S.Ct. 2455) held that it was cruel and unusual to sentence a juvenile convicted …

THE WEEK’S CASES: for the week ending April 21, 2017
April 21, 2017 – 09:03 | Comments Off on THE WEEK’S CASES: for the week ending April 21, 2017
THE WEEK’S CASES: for the week ending April 21, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CHALLENGES TO PRIOR CONVICTIONS BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL
Assume a prior conviction is alleged in a new case. In 1997, the Cal. Supremes …

THE WEEK’S CASES: for the week ending April 14, 2017
April 14, 2017 – 10:17 | Comments Off on THE WEEK’S CASES: for the week ending April 14, 2017
THE WEEK’S CASES: for the week ending April 14, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
BATSON, WHEELER, AND KICKING GAYS OFF THE JURY
The various attempted robbery and assault charges involved here resulted from the defendant trying to get the …

THE WEEK’S CASES: for the week ending April 7, 2017
April 7, 2017 – 16:43 | Comments Off on THE WEEK’S CASES: for the week ending April 7, 2017
THE WEEK’S CASES: for the week ending April 7, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 57 AND CASES PENDING ON APPEAL
This minor was directly filed on in adult court for a homicide. During his appeal, Prop. 57 passed, …

THE WEEK’S CASES: for the week ending March 31, 2017
March 31, 2017 – 08:48 | Comments Off on THE WEEK’S CASES: for the week ending March 31, 2017
THE WEEK’S CASES: for the week ending March 31, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47 AND ACCESS CARDS
A big win with a weird side point. Possession of a stolen access card or stolen access card information. Does …

THE WEEK’S CASES: for the week ending March 24, 2017
March 24, 2017 – 15:44 | Comments Off on THE WEEK’S CASES: for the week ending March 24, 2017
THE WEEK’S CASES: for the week ending March 24, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47 AND SECOND DEGREE COMMERCIAL BURGLARY; ENTERING TO PASS BAD CHECKS
The defendant took two checks from his grandmother, signed her name, made them …

Criminal Law Case Summaries: February – March 2017
March 20, 2017 – 21:50 | Comments Off on Criminal Law Case Summaries: February – March 2017
Criminal Law Case Summaries: February – March 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Smith (2017) Cal.App.5th , reported on February 21, 2017, in 2017 Los Angeles Daily Journal 1519, the Sixth Appellate District held …

THE WEEK’S CASES: for the week ending March 17, 2017
March 17, 2017 – 19:34 | Comments Off on THE WEEK’S CASES: for the week ending March 17, 2017
THE WEEK’S CASES: for the week ending March 17, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WE WIN A PROP. 47 ONE-YEAR PRIOR CASE
Prop. 47 makes a lot of felonies into misdemeanors. What if the previous felony resulted in a …

THE WEEK’S CASES: for the week ending March 10, 2017
March 13, 2017 – 11:27 | Comments Off on THE WEEK’S CASES: for the week ending March 10, 2017
THE WEEK’S CASES: for the week ending March 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
IMPEACHING A VERDICT WITH EVIDENCE OF JURY DELIBERATIONS
During jury deliberations on a sexual battery case, a juror told the other jurors that the defendant, …

THE WEEK’S CASES: for the week ending March 3, 2017
March 3, 2017 – 13:29 | Comments Off on THE WEEK’S CASES: for the week ending March 3, 2017
THE WEEK’S CASES: for the week ending March 3, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROSECUTORIAL MISCONDUCT FOR CLAIMING THE PRESUMPTION OF INNOCENCE ENDS EARLY
This DA told the jury that the presumption of innocence applies only until the charges …

THE WEEK’S CASES: for the week ending February 24, 2017
February 25, 2017 – 22:31 | Comments Off on THE WEEK’S CASES: for the week ending February 24, 2017
THE WEEK’S CASES: for the week ending February 24, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
TELLING DRIVER SHE MUST TAKE A CHEMICAL TEST RENDERS BLOOD RESULTS INADMISSIBLE
Big deal case. This seems to me like a pretty typical DUI case. …