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. The driver is stopped, and the officer notices symptoms suggesting the driver had been drinking. He arrests her and tells her that she is required to submit to a chemical test of blood or breath. The defendant selects blood. The Appellate Division suppresses the results, citing Birchfield (136 S.Ct. 2160) and McNeely (133 S.Ct. 1552). Absent a warrant, the police have to show that the consent to take a blood test [More…] »
Criminal Law Case Summaries: January – February 2017
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1.People v. Jones (2017) Cal.App.5th , reported on January 23, 2017, in 2017 Los Angeles Daily Journal 564, the Second Appellate District, Division 7 held that there was no Batson/Wheeler error in spite of the fact that the prosecution exercised three peremptory challenges against African-American jurors; that in and of itself did not create a prima facie case of discrimination. One of the challenges to a juror who [More…] »
Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
Most recent update: February 17, 2017 | 8:36 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 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. 57 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 (and fully access this resource page).
New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
The CPDA Members App. The CPDA Members App was created to help build a closer-knit community among members. Members of CPDA who download the app can join conversations, share photos, learn about events, and locate contact information for all members.
The California Public Defenders Association (CPDA) is a nonprofit organization that serves as a resource center for its members who are all criminal defense attorneys – both private attorneys who practice criminal defense in California, and public defenders who are criminal defense attorneys employed by local county public defender agencies. The organization was formed over 40 years ago and today provides numerous on-site training programs through the year and in different locations held throughout the state of California, all designed exclusively for criminal defense attorneys who practice in California. Together, the two groups of criminal defense attorneys (private defenders and public defenders) comprise the membership of CPDA, which totals over 3,400 practicing criminal defense attorneys in California, in particular, but the membership is open to criminal defense attorneys in other states and several hundred from throughout the U.S. are associate members of CPDA.
Two options to download the CPDA Members App:
1. Download from the Google Play Store:
2. Download from the Apple App Store:
The CLARANET App. For CPDA members with the additional “Claranet” subscription, there’s an additional app that is [More…] »