New Resources To Help Spot Prosecutor Misconduct in Opening & Closing
September 23, 2017 – 18:30 | Comments Off on New Resources To Help Spot Prosecutor Misconduct in Opening & Closing

From: Ann Cunningham <ann@annjlaw.com>
Subject: These are documents that possibly can help others spot misconduct

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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 September 22, 2017
September 22, 2017 – 06:43 | Comments Off on THE WEEK’S CASES: for the week ending September 22, 2017

Menaster-2015-May-Cropped

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

ONCE PROBATION ENDS, NO MORE JAIL
Big win for our own Lara Kislinger. The defendant is put on felony probation in 2007. In 2010, after a violation, probation is reinstated with an additional 365. The sheriffs place him on work release. They claim he failed to complete the work release and issue an “IRC Want” but never notify the court, probation, or the DA. Meanwhile, the defendant goes back and forth to court (and jail!) on additional violations until his probation expires in 2012. Literally 5 years later LASD arrests the defendant on this “IRC Want” and incarcerates him, claiming he owes them 165 days in jail. Our terrific trial lawyer, Kathy Quant, argued a habeas corpus petition to the superior court, which denied it. Lara went to the C/A. The C/A says, hey, probation expired. Case over. The DA throws up various points, but at the end of the day, the C/A rules that once probation expired, the criminal justice system lost jurisdiction to incarcerate the defendant. Great job by Lara; the client has now actually been released from jail!
In re Barber; B284060; 9/14/17; C/A 2nd, Div. 3

SCOPE OF PROBATION CONDITION: DOES IT INCLUDE SEARCHING A CELL PHONE?
The defendant was on probation for drug offenses. A probation condition was that the defendant “[s]ubmit person, vehicle, place of residence, property, personal effects to search at any time with or without a warrant, and with or without reasonable cause.” The detective relied on this condition, searched the defendant’s phone, and found text messages indicating that the defendant was selling drugs. He found meth next to bushes where the defendant had been stopped. Of course, Riley (134 S.Ct. 2473) held that police can’t search a cell phone without a warrant incident to an arrest, unless there’s some exception. The C/A says that a probation condition qualifies as an exception. The C/A says “that the proper inquiry focuses on what a reasonable, objective person would understand the search condition to mean at the time of the search.” The C/A concludes that a [More…] »

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

California – 2017 Cumulative Legislative Update Through September 23, 2017
September 23, 2017 – 16:43 | Comments Off on California – 2017 Cumulative Legislative Update Through September 23, 2017

california-state-capitol

Legislative Update for Saturday, September 23, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 213 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Claims against the state.
– AB 261 by Assemblymember Tony Thurmond (D-Richmond) – School districts: governing boards: pupil members: preferential voting.
– AB 295 by Assemblymember Susan Talamantes Eggman (D-Stockton) – Skydiving or sport parachuting operations.
– AB 836 by Assemblymember David Chiu (D-San Francisco) – Vending machines: bulk food.
– AB 868 by Assemblymember Marc Berman (D-Menlo Park) – Private postsecondary education: community-based organizations.
– AB 1309 by Assemblymember Ken Cooley (D-Rancho Cordova) – Employment without reinstatement: failure to enroll or report: fee.
– AB 1401 by Assemblymember Brian Maienschein (R-San Diego) – Juveniles: protective custody warrant.
– AB 1538 by Assemblymember Rob Bonta (D-Oakland) – Alameda Health System Hospital Authority: physician services.
– AB 1540 by Assemblymember Richard H. Bloom (D-Santa Monica) – State dinosaur: Augustynolophus morrisi.
– AB 1728 by the Committee on Local Government – Health care districts: board of directors.
– SB 314 by Senator Janet Nguyen (R-Garden Grove) – Massage therapy: certification: credit hours.
– SB 340 by Senator Robert M. Hertzberg (D-Van Nuys) – Corporations: dissolution: bankruptcy.
– SB 430 by the Committee on Insurance – California Insurance Guarantee Association: covered claims.
– SB 811 by the Committee on Public Safety – Public safety: omnibus.

For full text of the bills, visit: http://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml

[More…] »

Breaking News Links, 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
September 12, 2017 – 10:45 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

books-electronic-06

Most recent update: September 12, 2017 | 10:45 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…] »

Breaking News Links, Continuing Legal Education - CPDA, Self-Study - Video Streaming, Audios, DVDs, z (Self Study) »

New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
September 9, 2017 – 15:29 | Comments Off on New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego

Homicide Defense Practice

Recorded: Friday & Saturday, September 8-9, 2017

This page first published Thursday, Sept. 7, 2017 3:15 pm  | Last updated:  Sept. 9, 2017 | 3:34 pm

[More…] »

Awards, Breaking News Links »

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 07:21 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information

Award-4.jpbThe Defender of the Year Award

The Defender Program of the Year Award

The Gideon Award

The Honorable Rose Elizabeth Bird Award

 

In April of 2018, the California Public Defenders Association will present the following awards at its 49th Annual Convention, which will be held in Southern, California, exact location to be noted here the first week of October, 2017.

Defender of the Year Award 
Defender Program of the Year Award
Gideon Award
Honorable Rose Elizabeth Bird Award

The “Defender of the Year Award” was established to recognize a defender or defenders who, in the opinion of other defenders, deserve special recognition for their work in criminal defense practice.  In some cases this is due to a particular effort in a case, while in other cases it is for an entire body of work.  The recipient of the Defender of the Year Award last year was Alexander Simpson, Associate Director, California Innocence Project, San Diego, California. The award is open to both public defenders and private defense counsel. [More…] »

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

Criminal Law Case Summaries: July – August 2017
August 23, 2017 – 21:29 | Comments Off on Criminal Law Case Summaries: July – August 2017

Mandinach

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

1. People v. Jones (2017) Cal.5th , reported on July 21, 2017, in 2107 Los Angeles Daily Journal 7012, the California Supreme Court held that the contention that cumulative error requires reversal of the judgment of conviction and/or the death judgment fails where the only error was that the court improperly restricting defense counsel’s cross-examination of three witnesses, and that error was harmless beyond a reasonable doubt. The defendant also claimed that the court improperly prevented him from introducing testimony that the defendant was no longer a gang member at the time of the shooting. The testimony excluded was from a prevention outreach counselor and his organization worked closely with the police. The testimony would have been based on the counselor’s discussions with unspecified gang members and others in the community, and his observations of the defendant. The trial court found the testimony relevant, but inadmissible hearsay. A lay witness may offer opinion testimony (see Evid. Code ‘ 800; People v. Leon (2015) 61 Cal.4th 569, 60), but when a lay witness offers an opinion that goes beyond the facts of the witnesses personal knowledge, it is held inadmissible. (People v. McAlpin (1991) 53 Cal.3d 1289, 1308.)

2. People v. Bloomfield (2017) Cal.App.5th , reported on July 24, 2017, in 2107 Los Angeles Daily Journal 7041, the First Appellate District, Division 1 held that the trial court did not err in denying the reduction to a misdemeanor for a conviction for section 484f, subdivision (a) as it is not one of the offenses listed in Prop 47. The fact that other types of forgery qualify for reduction does not deny equal protection because those other forms can rationally be viewed as less serious. The Court of Appeal rejected the analogy to People v. Romanowski (2017) 2 Cal.5th 903, and People v. Gonzales (2017) 2 Cal.5th 858.

3. People v. DeLeon (2017) Cal.5th , reported on July 25, 2017, in 2107 Los Angeles Daily Journal 7086, the California Supreme Court held that Morrissey v. Brewer (1972) 408 U.S. 471 [re: parole revocation hearings] preliminary hearing requirements apply to parole revocation proceeding conducted in the superior court, post realignment. Parolees facing revocation proceedings are constitutionally entitled to certain due process rights, and this preliminary hearing is one of them. The Criminal Justice Realignment Act of 2011, in transferring jurisdiction over most parole revocation hearings from the Board of Parole Hearings (BPH) to the superior courts, did not negate a parolee’s right to a prompt preliminary hearing after arrest to determine whether there is probable cause to believe a parole violation has occurred.

4. People v. Estrada (2017) Cal.5th , reported on July 25, 2017, in 2107 Los Angeles Daily Journal 7095, the California Supreme Court held that the trial court did not err when it denied the defendant’s motion for resentencing under Proposition 36, Penal Code section 1170.126, as he was ineligible for resentencing due to the fact that the showing at the preliminary hearing established that he used a firearm during the commission of the grand [More…] »

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

The California Public Defenders Association presents…Defending Sexual Assault Cases
August 21, 2017 – 02:44 | Comments Off on The California Public Defenders Association presents…Defending Sexual Assault Cases

The California Public Defenders Association presents…
Defending Sexual Assault Cases 
Saturday, October 28, 2017
At The DoubleTree Golf Resort Palm Springs,
67967 Vista Chino, Cathedral City, California 92234 
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San Diego County
Kathleen Cannon, Attorney at Law, Vista, California
.

Note: You can enroll to attend this program using this link: – http://Defender411.us/20171028R

.

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 Defending Sexual Assault Cases. 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 27, 2017.

PROGRAM SCHEDULE – SATURDAY, OCTOBER 28, 2017 S-576

8:00 a.m. Registration & Check-In, Coffee & Donuts

8:30 a.m. EC1101/1108: Can the DA get into Evidence Prior Sex Crimes of your Client? No!

–> Al Menaster, Head Deputy Public Defender, Los Angeles County

9:30 a.m. Cross-Examination of a Child Witness

–> A.C. Jones, Deputy Public Defender, Riverside County

10:30 a.m. Understanding the SART Exam

–> Cari Caruso, RN, SANE-A, Simi Valley, California

11:30 a.m. Break

11:45 a.m. Defense of Alcohol Facilitated Sexual Assault Claims-Lessons from the Military Courts [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…] »

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: July – August 2017
August 23, 2017 – 21:29 | Comments Off on Criminal Law Case Summaries: July – August 2017
Criminal Law Case Summaries: July – August 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Jones (2017) Cal.5th , reported on July 21, 2017, in 2107 Los Angeles Daily Journal 7012, the California Supreme Court held …

California – 2017 Cumulative Legislative Update Through September 23, 2017
September 23, 2017 – 16:43 | Comments Off on California – 2017 Cumulative Legislative Update Through September 23, 2017
California – 2017 Cumulative Legislative Update Through September 23, 2017

Legislative Update for Saturday, September 23, 2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
– AB 213 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Claims against the …

THE WEEK’S CASES: for the week ending September 22, 2017
September 22, 2017 – 06:43 | Comments Off on THE WEEK’S CASES: for the week ending September 22, 2017
THE WEEK’S CASES: for the week ending September 22, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ONCE PROBATION ENDS, NO MORE JAIL
Big win for our own Lara Kislinger. The defendant is put on felony probation in 2007. In 2010, after …

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
September 12, 2017 – 10:45 | 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: September 12, 2017 | 10:45 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 …

New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
September 9, 2017 – 15:29 | Comments Off on New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego

Homicide Defense Practice
Recorded: Friday & Saturday, September 8-9, 2017
This page first published Thursday, Sept. 7, 2017 3:15 pm  | Last updated:  Sept. 9, 2017 | 3:34 pm

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 07:21 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information
CPDA 2018 Annual Awards Notice and Nomination Process Information

The Defender of the Year Award
The Defender Program of the Year Award
The Gideon Award
The Honorable Rose Elizabeth Bird Award
 
In April of 2018, the California Public Defenders Association will present the following awards at its 49th …

The California Public Defenders Association presents…Defending Sexual Assault Cases
August 21, 2017 – 02:44 | Comments Off on The California Public Defenders Association presents…Defending Sexual Assault Cases
The California Public Defenders Association presents…Defending Sexual Assault Cases

The California Public Defenders Association presents…
Defending Sexual Assault Cases 
Saturday, October 28, 2017
At The DoubleTree Golf Resort Palm Springs,
67967 Vista Chino, Cathedral City, California 92234 
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San Diego County
Kathleen Cannon, Attorney …

(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 …

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 September 15, 2017
September 16, 2017 – 11:21 | Comments Off on THE WEEK’S CASES: for the week ending September 15, 2017
THE WEEK’S CASES: for the week ending September 15, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CONSENT TO TEST FOR ALCOHOL IS NOT CONSENT TO TEST FOR DRUGS
The defendant was arrested for DUI. The police officer told him he could …

THE WEEK’S CASES: for the week ending September 8, 2017
September 8, 2017 – 09:36 | Comments Off on THE WEEK’S CASES: for the week ending September 8, 2017
THE WEEK’S CASES: for the week ending September 8, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRAWFORD REPEALED ARANDA/BRUTON
Crawford (541 US 36) held that admission of testimonial hearsay violates the Confrontation clause. Aranda (63 C2d 518) and Bruton (391 US …

THE WEEK’S CASES: for the week ending September 1, 2017
September 1, 2017 – 13:49 | Comments Off on THE WEEK’S CASES: for the week ending September 1, 2017
THE WEEK’S CASES: for the week ending September 1, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FELONY MURDER BASED ON THE FAILURE OF THE DEFENDANT TO ACT
This is a really crazy case, taking the felony-murder rule to an extreme. The …

THE WEEK’S CASES: for the week ending August 25, 2017
August 25, 2017 – 22:18 | Comments Off on THE WEEK’S CASES: for the week ending August 25, 2017
THE WEEK’S CASES: for the week ending August 25, 2017

THE WEEK’S CASES: for the week ending August 25, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY INITIATIVE UPHELD; TIME LIMITS ARE EXHORTATORY
This case resolves the challenges to Prop. 66, …

THE WEEK’S CASES: for the week ending August 18, 2017
August 18, 2017 – 11:37 | Comments Off on THE WEEK’S CASES: for the week ending August 18, 2017
THE WEEK’S CASES: for the week ending August 18, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
HUMAN TRAFFICKING: CONSPIRACY AND THE CONSTITUTION
In 2012, Prop. 35 made various changes to human trafficking laws. One change was that trafficked minors were made …

THE WEEK’S CASES: for the week ending August 11, 2017
August 11, 2017 – 13:04 | Comments Off on THE WEEK’S CASES: for the week ending August 11, 2017
THE WEEK’S CASES: for the week ending August 11, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DOES FINDING SOME LEGAL MARIJUANA PERMIT FURTHER SEARCHING?
We’re getting lots of cases with the following problem. The police stop a car or detain a …

THE WEEK’S CASES: for the week ending August 4, 2017
August 4, 2017 – 10:28 | Comments Off on THE WEEK’S CASES: for the week ending August 4, 2017
THE WEEK’S CASES: for the week ending August 4, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
THE WEEK’S CASES: for the week ending July 28, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DISCOVERY OF SEALED JUVENILE …

THE WEEK’S CASES: for the week ending July 28, 2017
July 28, 2017 – 15:30 | Comments Off on THE WEEK’S CASES: for the week ending July 28, 2017
THE WEEK’S CASES: for the week ending July 28, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
THE WEEK’S CASES: for the week ending July 28, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FACTS USED TO DISQUALIFY …

THE WEEK’S CASES: for the week ending July 21, 2017
July 21, 2017 – 10:57 | Comments Off on THE WEEK’S CASES: for the week ending July 21, 2017
THE WEEK’S CASES: for the week ending July 21, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
MIRANDA AND BOOKING QUESTIONS ABOUT GANG AFFILIATION
The defendant was arrested over 10 years ago on a case unrelated to the current charges. At that …

Criminal Law Case Summaries: June – July 2017
July 21, 2017 – 09:50 | Comments Off on Criminal Law Case Summaries: June – July 2017
Criminal Law Case Summaries: June – July 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re Jose S. (2017) Cal.App.5th , reported on June 22, 2017, in 2107 Los Angeles Daily Journal 5898, the Fourth Appellate District, …

THE WEEK’S CASES: for the week ending July 14, 2017
July 14, 2017 – 18:15 | Comments Off on THE WEEK’S CASES: for the week ending July 14, 2017
THE WEEK’S CASES: for the week ending July 14, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
INCOMPETENT JUVENILES AND THE LOS ANGELES JUVENILE COURT PROTOCOL
In 2013, Megan Gallow (then with LA PD, now with LA APD) won Jesus G. (218 …

THE WEEK’S CASES: for the week ending July 7, 2017
July 7, 2017 – 20:22 | Comments Off on THE WEEK’S CASES: for the week ending July 7, 2017
THE WEEK’S CASES: for the week ending July 7, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47 DID NOT CHANGE THE DANGEROUSNESS STANDARD IN PROP. 36
Outrage of the week, perhaps outrage of the year. An otherwise eligible inmate is …

THE WEEK’S CASES: for the week ending June 30, 2017
June 30, 2017 – 23:19 | Comments Off on THE WEEK’S CASES: for the week ending June 30, 2017
THE WEEK’S CASES: for the week ending June 30, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
VACATING A PLEA FOR MISADVISEMENT OF IMMIGRATION CONSEQUENCES
The defendant pled to possession of ecstasy with intent to distribute. As a result, he faced mandatory …

THE WEEK’S CASES: for the week ending June 23, 2017
June 24, 2017 – 08:49 | Comments Off on THE WEEK’S CASES: for the week ending June 23, 2017
THE WEEK’S CASES: for the week ending June 23, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
RIGHT TO INDEPENDENT DEFENSE EXPERTS
The Supremes here say that in Ake (pronounced “ache” by the justices during argument), 470 US 68, the court held, …

Criminal Law Case Summaries: May-June 2017
June 22, 2017 – 11:07 | Comments Off on Criminal Law Case Summaries: May-June 2017
Criminal Law Case Summaries: May-June 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Martinez (2017) Cal.5th , reported on May 26, 2017, in 2107 Los Angeles Daily Journal 4779, the California Supreme Court held …

THE WEEK’S CASES: for the week ending June 16, 2017
June 16, 2017 – 20:13 | Comments Off on THE WEEK’S CASES: for the week ending June 16, 2017
THE WEEK’S CASES: for the week ending June 16, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
SEARCH WARRANT INVALID FOR LACK OF PROBABLE CAUSE; GOOD FAITH DOESN’T SAVE THIS
I love it when our clients get justice. This defendant gets the …

THE WEEK’S CASES: for the week ending June 9, 2017
June 9, 2017 – 12:36 | Comments Off on THE WEEK’S CASES: for the week ending June 9, 2017
THE WEEK’S CASES: for the week ending June 9, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WHEN ARE MULTIPLE THEFT CONVICTIONS BARRED?
Ever heard of the “taking and receiving doctrine”? Me neither. Turns out, this an oddball name for a doctrine …