Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:36 | Comments Off on 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 …[select title for full text]

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Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:36 | Comments Off on 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).

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending February 17, 2017
February 17, 2017 – 17:54 | Comments Off on THE WEEK’S CASES: for the week ending February 17, 2017

Menaster-2015-May-Cropped

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

ILLEGAL ENTRY INTO A RESIDENCE IS NOT CURED BY A LATER SEARCH WARRANT
The police repeatedly ignored the defendant’s invocations of Miranda and browbeat him, eventually getting consent to search his residence. The C/A says that under the totality of the circumstances, the consent was invalid. The police went into the defendant’s residence without a warrant and there was no exigency. So the entry was illegal.
But wait, the police could have obtained a warrant and in fact did so later. Does that cure the illegality? Is the [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: December 2016-January 2017
February 2, 2017 – 11:27 | Comments Off on Criminal Law Case Summaries: December 2016-January 2017

Mandinach

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

1. People v. Brown (2016) Cal.App.5th , reported on December 21, 2016, in 2016 Los Angeles Daily Journal 12496, the Fourth Appellate District, Division 2 held that section 137, subdivision (c), which makes it a felony to induce a person to give false testimony or to give false information to a police officer, is not necessarily more specific than section 136.1, subdivision (b)(2), making it a felony to attempt to dissuade a victim or witness from participating in the prosecution of a crime, so conduct that violates both statutes may be prosecuted under either. The prosecutors’ decision to charge the defendant under section 136.1, subdivision (b)(2), which carries a greater potential penalty than section 137, subdivision (c), did not violate the Equal Protection Clause in the absence of a showing that the decision was arbitrary or irrational. (See People v. Wilkinson (2004) 33 Cal.4th 821, 838-839.) The trial court did not err in failing to instruct on section 137 and correctly barred counsel from arguing that defendant was guilty under section 137 rather than under section 136.1. Counsel was essentially seeking an instruction on a lesser related offense, which could not be granted without the prosecution’s consent. (People v. Jennings (2010) 50 Cal.4th 616, 668; see also People v. Birks (1998) 10 Cal.4th 108.)

2. People v. Relkin (2016) Cal.App.5th , reported on December 23, 2016, in 2016 Los Angeles Daily Journal 12632, the Third Appellate District held that it was not in error to require, as a condition of probation that the defendant to obtain “written permission from the probation officer” before leaving the State of California was reasonably related to his conviction for sale and transportation of controlled substances and did not unduly inhibit his exercise of the right to travel. (See In re White (1979) 97 Cal.App.3d 141, 149-150.) [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 – 10:55 | 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 | 1:59 PM

Selected and edited by Garrick Byers, Attorney at Law, Statute Decoder

Note: This file is in PDF format (60 pages).

2017-New-Laws-Byers-12-31-2016-edition.pdf

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

CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information
November 29, 2016 – 12:14 | 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

Hilton San Diego Bayfront

California Attorneys for Criminal Justice (CACJ) and the California Public Defenders’ Association (CPDA) are pleased to invite you to participate in the 2017 Capital Case Defense Seminar (CCDS). The CCDS is an intensive educational opportunity for anyone involved in, or considering taking on, the defense of a capital case. It is designed not only for lawyers, but also for mitigation specialists, paralegals, investigators, and experts working in capital defense. The CCDS will also include sessions addressing murder and felony charges other than capital cases.

The CACJ/CPDA Capital Case Defense Seminar is the largest of its kind in the nation. CCDS is unique in that it offers lectures as well as specialized workshops that give participants the chance to brainstorm and exchange information with other participants. Experienced practitioners in any jurisdiction and those just entering the field can benefit from the lectures and workshops featuring experienced lawyers and experts, from both California and across the nation.

Complete program details and registration available via this link: https://www.cacj.org/Events/CACJ-CPDA-CCDS-Registration/Seminar-Information/Registration-Form.aspx

 

 

Breaking News Links, CPDA Members »

New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
January 6, 2016 – 20:20 | Comments Off on New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store

California Public Defenders Android Apps on Google Play

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:
https://play.google.com/store/apps/details?id=com.groupahead.capublicdefendersassoc

2. Download from the Apple App Store:
https://itunes.apple.com/us/app/california-public-defenders/id1069170021

 

 

The CLARANET App. For CPDA members with the additional “Claranet” subscription, there’s an additional app that is [More…] »

THE WEEK’S CASES: for the week ending February 17, 2017
February 17, 2017 – 17:54 | Comments Off on THE WEEK’S CASES: for the week ending February 17, 2017
THE WEEK’S CASES: for the week ending February 17, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ILLEGAL ENTRY INTO A RESIDENCE IS NOT CURED BY A LATER SEARCH WARRANT
The police repeatedly ignored the defendant’s invocations of Miranda and browbeat him, …[select title for full text]

Criminal Law Case Summaries: December 2016-January 2017
February 2, 2017 – 11:27 | Comments Off on Criminal Law Case Summaries: December 2016-January 2017
Criminal Law Case Summaries: December 2016-January 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Brown (2016) Cal.App.5th , reported on December 21, 2016, in 2016 Los Angeles Daily Journal 12496, the Fourth Appellate District, Division …[select title for full text]

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:36 | 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: 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 …[select title for full text]

New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
December 28, 2016 – 10:55 | 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 | 1:59 PM
Selected and edited by Garrick Byers, Attorney at Law, Statute Decoder
Note: This file is in PDF format (60 pages).
2017-New-Laws-Byers-12-31-2016-edition.pdf

CACJ & CPDA 2017 Capital Case Defense Seminar
Program Information
November 29, 2016 – 12:14 | 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 San Diego Bayfront

California Attorneys for Criminal Justice (CACJ) and the California Public Defenders’ Association (CPDA) are pleased to invite you to participate in …[select title for full text]

New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
January 6, 2016 – 20:20 | Comments Off on New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
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 …[select title for full text]

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
February 13, 2017 – 17:51 | 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: February 13, 2017 | 5:51 PM | 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, …[select title for full text]

Chief defender stepping down: After 40 years, John Digiacinto leaves his mark on county’s criminal justice system
February 13, 2017 – 13:43 | Comments Off on Chief defender stepping down: After 40 years, John Digiacinto leaves his mark on county’s criminal justice system
Chief defender stepping down: After 40 years, John Digiacinto leaves his mark on county’s criminal justice system

The SF Daily Journal – February 13, 2017, 05:00 AM
If you ask John Digiacinto, the challenge of unlikely odds is a key reason why he chose to be a public defender some 40 years ago.
“Any …[select title for full text]

Employment Opportunity: Deputy Public Defender II/III, County of El Dorado
February 11, 2017 – 16:34 | Comments Off on Employment Opportunity: Deputy Public Defender II/III, County of El Dorado
Employment Opportunity: Deputy Public Defender II/III, County of El Dorado

$77,459.20 – $110,843.20 Annually
FINAL FILING DATE February 23, 2017
The County of El Dorado is conducting this recruitment to fill one (1) full-time vacancy for the Public Defender’s office located in Placerville.  This is a deep class and …[select title for full text]

THE WEEK’S CASES: for the week ending February 10, 2017
February 10, 2017 – 16:48 | Comments Off on THE WEEK’S CASES: for the week ending February 10, 2017
THE WEEK’S CASES: for the week ending February 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WEAPON AND DRUG PROBATION CONDITIONS; KNOWLEDGE REQUIRED?
The defendant was convicted of possession of cocaine base for sale. Among the probation conditions imposed were orders …[select title for full text]

THE WEEK’S CASES: for the week ending February 3, 2017
February 4, 2017 – 10:16 | Comments Off on THE WEEK’S CASES: for the week ending February 3, 2017
THE WEEK’S CASES: for the week ending February 3, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ENTERING TO OBTAIN DRUGS WITH A FORGED PRESCRIPTION IS NOT SHOPLIFTING
The defendant entered a store with the intent to obtain drugs by using a …[select title for full text]