Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 19 & 20, 2018
December 14, 2017 – 17:20 | Comments Off on Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 19 & 20, 2018

The California Public Defenders Association presents…
A Special Two-Day Juvenile Defense Seminar
Friday & Saturday, January 19 & 20, 2018
At The Monterey Tides Resort (formerly The Monterey Beach Resort)
2600 Sand Dunes Drive, Monterey, California 93940
(Please take note …[select title for full text]

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THE WEEK’S CASES: for the week ending December 15, 2017
December 15, 2017 – 19:12 | Comments Off on THE WEEK’S CASES: for the week ending December 15, 2017

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

CRAWFORD REPEALED ARANDA/BRUTON, AGAIN
My pick for the 2017 outrage of the year is Washington (15 CA5th 19), which held that Crawford (541 US 36) wiped out Bruton (391 US 123) and thus Aranda (63 C2d 518). Aranda/Bruton held that the admission of one defendant’s hearsay statement against a co-defendant is inadmissible even with a limiting instruction. This C/A agrees with Washington, saying that Crawford limited exclusion of hearsay to testimonial evidence, so the statement has to have been given for the primary purpose of establishing a past fact for use in a criminal trial. Their point is that the declarant Angel didn’t know his statements (to paid informants in jail) were going to be used to prove past facts. But Aranda and Bruton aren’t just about confrontation, they are also about due process. The US Supremes in Bryant expressly noted that hearsay not barred by the Confrontation clause still has to survive a due process challenge. (Bryant, 562 US 344, fn. 13.) The C/A in Washington said that due process didn’t bar the statement there, saying how trustworthy these kinds of statements are. This C/A ends up excluding admission of the statements, finding that they don’t qualify as declarations against interest because Angel minimized his involvement in the shooting and laid the blame on the co-defendants. Due process? Not discussed. In the end, these defendants win, the first time the change in the law governing admission of declarations against interest made in Grimes (1 C5th 698) has resulted in a defense win. Angel argues that his own statement isn’t admissible under PC 4001.1(b), which says, “No law enforcement agency and no in-custody informant acting as an agent for the agency, may take some action, beyond merely listening to statements of a defendant, that is deliberately designed to elicit incriminating remarks.” The C/A says that 4001.1 only applies to charged offenses, and Angel’s statements with the informants occurred before he was actually charged. This is outrageous and nutso.
People v. Gallardo; B269034; 12/6/17; C/A 2nd, Div. 7

FAILURE TO ALLEGE A PRIOR AS A FIVE-YEAR FELONY
The DA filed an Information alleging a first-degree burglary with a first-degree burglary prior. The prior was alleged as a strike prior, but not as a serious felony prior (often called a [More…] »

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New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017
December 13, 2017 – 14:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017

 

Defending Sexual Assault Cases

Recorded Saturday, October 28, 2017

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

[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…] »

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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…] »

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 15, 2017
December 15, 2017 – 19:12 | Comments Off on THE WEEK’S CASES: for the week ending December 15, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRAWFORD REPEALED ARANDA/BRUTON, AGAIN
My pick for the 2017 outrage of the year is Washington (15 CA5th 19), which held that Crawford (541 US 36) …[select title for full text]

New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017
December 13, 2017 – 14:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded 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]

Defending SVP Cases Seminar – Saturday, December 2, 2017, Seminar course materials and follow-up materials in electronic format
December 13, 2017 – 15:35 | Comments Off on Defending SVP Cases Seminar – Saturday, December 2, 2017, Seminar course materials and follow-up materials in electronic format

 Seminar course materials and follow-up materials in electronic format

Note: Uploading of the files for this course will occur over the dates of October 26-28, 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 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]

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
">

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]