The California Public Defenders Association presents…The Annual Homicide Defense Seminar
August 7, 2017 – 18:09 | Comments Off on The California Public Defenders Association presents…The Annual Homicide Defense Seminar

The California Public Defenders Association presents…
The Annual Homicide Defense Seminar
Friday & Saturday September 8-9, 2017
At The Kona Kai Marina Hotel, 1551 Shelter Island Drive, San Diego, California 92106
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San …[select title for full text]

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THE WEEK’S CASES: for the week ending August 11, 2017
August 11, 2017 – 13:03 | Comments Off on THE WEEK’S CASES: for the week ending August 11, 2017

Menaster-2015-May-Cropped

first published August 11, 2017 | reformatted 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 pedestrian. They smell marijuana, or find a small amount of marijuana. Based only on this information, the police conduct a search, finding illegal drugs or weapons or both. Before Prop. 64, several courts had allowed such searches, even where the defendant had a medical marijuana card, asserting that the police could lawfully try to determine if the defendant had more than the legal amount of marijuana. (Waxler, 224 CA4th 712; Strasburg, 148 CA4th 1052.) The question is whether Prop. 64, which broadly legalized marijuana possession and use, changes the analysis. Prop. 64 contains specific language saying that a police officer can’t use lawful marijuana-related conduct to justify a search. (H&S 11362.1(c).) After Prop. 64, when a police officer stops a defendant and finds a legal amount of marijuana, can the officer search further, relying on Waxler and Strasburg? Lots of people have been saying no, but there hasn’t been a good case for us on this. Perhaps this is that case. The police here legally stop the minor (let’s just say). The police smell the odor of marijuana on the minor’s clothes and breath. The minor admits to having just smoked marijuana. The police search the minor for more marijuana and find a revolver. At the time of this search, possession of less than an ounce of marijuana was an infraction and was a non-jailable offense. After Prop. 64, of course, it remains an infraction for minors, but is actually lawful for those age 21 and up. The C/A says that “it would have been mere conjecture to conclude that he possessed enough to constitute a jailable offense” and finds the search unconstitutional. We should use this case to challenge these searches.
In re D.W.; A145470; 8/3/17; C/A 1st, Div. 3

JUROR MISCONDUCT: PREJUDICE
The whole topic of jury misconduct seems awfully complicated; this C/A says it “lacks clarity.” During jury deliberations, one of the jurors told the other jurors that she had worked in prisons, and that if the jury convicted the defendant of 2nd degree murder, the defendant would get time served and walk out of prison tomorrow, but would do more time if convicted of 1st degree murder. Of course, the jury convicted of a 1st. The C/A says that “juror misconduct raises a presumption of prejudice. The People may rebut the presumption by showing no prejudice actually resulted from the misconduct. If the People fail in their rebuttal, then prejudice exists.” The C/A reviews the record to see if “there is a reasonable probability of actual [More…] »

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The California Public Defenders Association presents…The Annual Homicide Defense Seminar
August 7, 2017 – 18:09 | Comments Off on The California Public Defenders Association presents…The Annual Homicide Defense Seminar

kona-kai-resort-02

The California Public Defenders Association presents…
The Annual Homicide Defense Seminar
Friday & Saturday September 8-9, 2017
At The Kona Kai Marina Hotel, 1551 Shelter Island Drive, San Diego, California 92106
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San Diego County
Kathleen Cannon, Attorney at Law, Vista, California

 

This year’s Annual Homicide Defense Seminar will provide you with over seven hours of continuing legal education participatory credits, by addressing some very important aspects in the defense of homicide cases. We will cover important topics that include Selecting a Jury, Mental Defenses, Natural and Probable Consequences, Winning a Homicide, and Creative Investigation.  CPDA has also reserved a block of lodging rooms at the Kona Kai Marina Hotel at a special rate. You can obtain lodging reservations via the Internet, see elsewhere on this notice for the Internet link. Discounted lodging cut-off date is August 14, 2017.

PROGRAM SCHEDULE – S575

DAY ONE – FRIDAY – SEPTEMBER 8, 2017

 

12:00 p.m. Registration/Check In, Soft Drinks & Chips

1:00 p.m. Jury Selection in a Gang Homicide Case

–> Ricardo Garcia, Multiple Conflicts Office, Major Cases, San Diego County

2:30 p.m. Break

2:45 p.m. Mental Defenses in Homicide Cases

–> Denise Gragg, Associate Public Defender, Orange County

4:15 p.m. Conclusion of Day

DAY TWO – SATURDAY – SEPTEMBER 9, 2017

8:30 a.m. Registration / Check In

8:45 a.m. The Natural and Probable Consequences Doctrine & The Kill Zone Theory

–> Jason Cox, Attorney at Law, Albany, California

10:30 a.m. Winning a Homicide Trial by Humanizing Your Client

–> Addison Steele, Deputy Public Defender, Santa Barbara County

11:45 a.m. Refreshments & Snacks

12:00 p.m. Creative Investigation in Homicide Cases

–> Kelley Kulick, Deputy Public Defender, Santa Clara County [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: June – July 2017
July 21, 2017 – 09:44 | Comments Off on Criminal Law Case Summaries: June – July 2017

Mandinach

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, Division 1 held that the trial court did not err when in declined to seal either a 2002 sustained petition for section 288, subdivision (a) and a 2005 sustained petition for section 245, subdivision (a)(1), and the personal use of a firearm. The Court of Appeal found that in the juvenile system, where the same case number is carried from case to case, both offenses were one case, and could not be looked at independently. The Court of Appeal also found that the section 245, subdivision (a)(1) constituted both assault with a deadly weapon, and assault with intent to commit great bodily injury, and as a result it fell within Welfare and Institutions Code section 707, subdivision (b)(14), and therefore disqualified him from sealing on either the 2002 and 2005 offenses.

2. Turner v. United States (2017) U.S. , reported on June 23, 2017, in 2107 Los Angeles Daily Journal 5940, the United States Supreme Court held that where the defendants had been convicted for some time, the defense then discovered that certain evidence which was favorable to the defense under Brady v. Maryland (1963) 373 U.S. 83. However the United State Supreme [More…] »

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Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
July 13, 2017 – 21:28 | Comments Off on Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley

At The Berkeley Marina DoubleTree, 200 Marina Blvd, California 94710

Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, CA

Bart Sheela, Deputy Alternate Public Defender, San Diego County

This special MCLE continuing legal education seminar will provide you with 6.0 hours of MCLE credits including 4.0 hours of Ethics credits, 1.0 credit hours in the Elimination of Bias, and 1.0 hours of credit in the Prevention, Detection and Treatment of Substance Abuse/Mental Illness That Impairs Professional Competence. This seminar is designed to help you obtain ALL of those hard-to-find Specialty Credit hours, and CPDA has geared each presentation to address the specialty area with an emphasis on criminal defense practice. Note: We have blocked a limited number of lodging rooms at the Berkeley Marina DoubleTree at a discounted rate (please see below for details).

PROGRAM SCHEDULE – SATURDAY AUGUST 19, 2017 – S574

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

8:30 a.m. Prosecutorial Misconduct [1.25 hrs. Ethics] [More…] »

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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…] »

Featured Materials from Past CPDA Seminars, Seminars Follow-Up »

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2017 August 19, 2017 – MCLE Specialty Areas Seminar – Berkeley, CA – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on or before Friday afternoon, August 18, 2017
August 16, 2017 – 15:35 | Comments Off on Protected: (For Program Registrants Only)

2017 August 19, 2017 – MCLE Specialty Areas Seminar – Berkeley, CA – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on or before Friday afternoon, August 18, 2017

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THE WEEK’S CASES: for the week ending August 11, 2017
August 11, 2017 – 13:03 | 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

first published August 11, 2017 | reformatted 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 …[select title for full text]

The California Public Defenders Association presents…The Annual Homicide Defense Seminar
August 7, 2017 – 18:09 | Comments Off on The California Public Defenders Association presents…The Annual Homicide Defense Seminar
The California Public Defenders Association presents…The Annual Homicide Defense Seminar

The California Public Defenders Association presents…
The Annual Homicide Defense Seminar
Friday & Saturday September 8-9, 2017
At The Kona Kai Marina Hotel, 1551 Shelter Island Drive, San Diego, California 92106
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San …[select title for full text]

Criminal Law Case Summaries: June – July 2017
July 21, 2017 – 09:44 | 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, …[select title for full text]

Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
July 13, 2017 – 21:28 | Comments Off on Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley

At The Berkeley Marina DoubleTree, 200 Marina Blvd, California 94710
Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, CA
Bart Sheela, Deputy Alternate Public Defender, San Diego County
This special MCLE continuing legal education seminar will provide you with …[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]

2017 July 8, 2017 – Defense Seminar: Winning From Begin To End – Course materials and supplemental course materials page
August 16, 2017 – 15:30 | Comments Off on 2017 July 8, 2017 – Defense Seminar: Winning From Begin To End – Course materials and supplemental course materials page

Seminar course materials and follow-up materials in electronic format.

THE WEEK’S CASES: for the week ending August 4, 2017
August 7, 2017 – 18:20 | 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

first published August 4, 2017 | reformatted August 7, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DISCOVERY OF SEALED JUVENILE RECORDS IS DENIED
The victim in this pimping and pandering case was …[select title for full text]

California – 2017 Cumulative Legislative Update Through August 7, 2017
August 7, 2017 – 18:07 | Comments Off on California – 2017 Cumulative Legislative Update Through August 7, 2017
California – 2017 Cumulative Legislative Update Through August 7, 2017

Legislative Update for Monday, August 7, 2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
– AB 172 by Assemblymember Rocky Chávez (R-Oceanside) – Public postsecondary education: residency: dependents …[select title for full text]

The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, Seminar course materials and follow-up materials in electronic format
August 6, 2017 – 11:34 | Comments Off on The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, Seminar course materials and follow-up materials in electronic format
The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, Seminar course materials and follow-up materials in electronic format

 Seminar course materials and follow-up materials in electronic format
Note: The files for this course will be uploaded here over the dates of July 21-31, 2017

Seminar course materials and follow-up materials in electronic format
THE CALIFORNIA PUBLIC …[select title for full text]

THE WEEK’S CASES: for the week ending July 28, 2017
July 28, 2017 – 15:08 | 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.
FACTS USED TO DISQUALIFY AN INMATE FROM PROP. 36 ELIGIBILITY
This is a Prop. 36 3-Strikes case. The defendant filed a Prop. 36 petition. Relief …[select title for full text]