Employment Opportunity – Nevada County – Attorney I – Criminal Law Temporary – Public Defender’s Office
December 5, 2017 – 11:14 | Comments Off on Employment Opportunity – Nevada County – Attorney I – Criminal Law Temporary – Public Defender’s Office

 

Attorney I-Criminal-Temporary

Definition and Class Characteristics
Under direction, performs a variety of professional legal services in the District Attorney’s or Public Defender’s office involving the prosecution or defense of criminal cases; and performs related work as required.  …[select title for full text]

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THE WEEK’S CASES: for the week ending December 8, 2017
December 8, 2017 – 16:05 | Comments Off on THE WEEK’S CASES: for the week ending December 8, 2017

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

CRIMINAL PROTECTIVE ORDERS IN DOMESTIC VIOLENCE CASES
PC 1203.097 says that when a court grants probation for a domestic violence offense, the court must impose a criminal protective order (called a CPO by this court) “protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.” This defendant was convicted of PC 273.5, wilfully inflicting corporal injury resulting in a traumatic condition on a spouse or former spouse. This clearly triggers the CPO. The C/A rules that a trial court has discretion to impose a residence exclusion or a stay-away order. Factors that the court must consider include “the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.” (PC 273.5(j).) The C/A says that the same rules governing probation conditions apply to CPOs: the CPO must be “both reasonable and narrowly tailored to accomplish the state interests in reforming and rehabilitating the defendant offender, while at the same time protecting his or her victim from domestic violence.” The C/A finds plenty of justification for the CPO here, based upon the conduct of the defendant. But the court rules that the CPO barring all contact here was too broad. The C/A modifies the CPO to provide that the defendant can’t initiate any contact with the victim, but the victim can initiate contact with the defendant, and the defendant can then respond to that contact.
People v. Sandoval; D071560; 11/30/17; C/A 4th, Div. 1

AIDERS AND NATURAL AND PROBABLE CONSEQUENCES
An aider is guilty of the crime he or she aids. In general, aiders are also guilty of any crime that’s a natural and probable consequence of the crime aided, meaning that the additional crimes were reasonably foreseeable. However, the Cal. Supremes in Chiu (59 C4th 155) ruled that an aider may be convicted of a 1st degree premeditated murder only if he or she aids the murder; the natural and probable consequences doctrine can’t be used to make an aider guilty of a 1st degree [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: October-November 2017
November 22, 2017 – 10:11 | Comments Off on Criminal Law Case Summaries: October-November 2017

Mandinach

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

1. People v. Gonzales (2017) Cal.App.5th , reported on October 24, 2017, in 2107 Los Angeles Daily Journal 10184, the Second Appellate District, Division 6 held that the trial court did not err in instructing with CALCRIM No. 1191, when the evidence of uncharged sex offenses by the defendant committed against the victim came through the victim’s own testimony; such testimony is not as probative as similar testimony from a third party, but it is still probative. The defendant had argued that the victim was permitted to corroborate her own testimony. This type of testimony generally comes in under Evidence Code section 1108. The court also found that the court did not err in instructing with CALCRIM 1193, pertaining to the expert witness and the CSAAS testimony; and said instruction did not violate due process.

2. Gholipour v. Superior Court (2017) Cal.App.5th , reported on October 25, 2017, in 2107 Los Angeles Daily Journal 10227, the Fourth Appellate District, Division 1 held that generally, when a person has been released on probation or mandatory supervision, section 1203.9, subdivision (a)(1) requires the transfer of the case to the county where the person resides; however section 1203.9, subdivision (a)(3) preserves the transferring court’s power to order restitution until it has made a determination as to the amount of restitution, and its determination is final.

3. People v. Malik (2017) Cal.App.5th , reported on October 25, 2017, in 2107 Los Angeles Daily Journal 10229, the Third Appellate District held that the court erred in admitting evidence, in violation of People v. Sanchez (2016) 63 Cal.4th 665. The defendant’s right of confrontation was violated by the prosecutor’s use of case-specific testimonial hearsay to impeach a defense expert on cross-examination pertaining to case-specific testimonial hearsay from the police reports to the jury during [More…] »

Breaking News Links, Continuing Legal Education - CPDA, MCLE Events - CPDA, Self-Study, Sexual Assault Cases »

New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017
October 28, 2017 – 18:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017

 

Defending Sexual Assault Cases

Recorded Saturday, October 28, 2017

This page first published Friday, October 27, 2017 3:33 PM

[More…] »

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…] »

Criminal Law Case Summaries: October-November 2017
November 22, 2017 – 10:11 | Comments Off on Criminal Law Case Summaries: October-November 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Gonzales (2017) Cal.App.5th , reported on October 24, 2017, in 2107 Los Angeles Daily Journal 10184, the Second Appellate District, Division …[select title for full text]

THE WEEK’S CASES: for the week ending December 8, 2017
December 8, 2017 – 16:05 | Comments Off on THE WEEK’S CASES: for the week ending December 8, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRIMINAL PROTECTIVE ORDERS IN DOMESTIC VIOLENCE CASES
PC 1203.097 says that when a court grants probation for a domestic violence offense, the court must impose …[select title for full text]

New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017
October 28, 2017 – 18:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017

 
Defending Sexual Assault Cases
Recorded Saturday, October 28, 2017
This page first published Friday, October 27, 2017 3:33 PM

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]

THE WEEK’S CASES: for the week ending December 1, 2017
December 1, 2017 – 17:27 | Comments Off on THE WEEK’S CASES: for the week ending December 1, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47 AND JOYRIDING
Prop. 47 requires reduction of a grand-theft auto (GTA; PC 487(d)) to a misdemeanor if the stolen car is worth $950 …[select title for full text]

">Protected: Defending SVP Cases Seminar – Saturday, December 2, 2017, Seminar course materials and follow-up materials in electronic format
For program registrants only – Pre-Registrants will receive an email with the passcode on or before Friday afternoon, December 1, 2017
November 29, 2017 – 15:03 | Comments Off on Protected: Defending SVP Cases Seminar – Saturday, December 2, 2017, Seminar course materials and follow-up materials in electronic format
For program registrants only – Pre-Registrants will receive an email with the passcode on or before Friday afternoon, December 1, 2017
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There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending November 24, 2017
November 25, 2017 – 11:19 | Comments Off on THE WEEK’S CASES: for the week ending November 24, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REASONABLE CAUSE TO DETAIN, PROBABLE CAUSE TO ARREST
All-time great facts. Police trainee Cornell was out for a jog in Golden Gate Park in San …[select title for full text]

THE WEEK’S CASES: for the week ending November 17, 2017
November 18, 2017 – 11:06 | Comments Off on THE WEEK’S CASES: for the week ending November 17, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JUDGE SITS AS A THIRTEENTH JUROR WHEN RULING ON NEW TRIAL MOTION
The defendant moved for a new trial on the ground that the evidence …[select title for full text]

THE WEEK’S CASES: for the week ending November 10, 2017
November 10, 2017 – 13:18 | Comments Off on THE WEEK’S CASES: for the week ending November 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CHALLENGING SEARCHES AFTER A SEIZURE WITHOUT REASONABLE SUSPICION
I’ve been trying, literally for decades, to get everyone to stop using the term “standing” when referring …[select title for full text]

(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
">Protected: (For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
November 7, 2017 – 10:24 | Comments Off on Protected: (For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
"> Protected: <font color=(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
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There is no excerpt because this is a protected post.