THE WEEK’S CASES: for the week ending January 20, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
MULTIPLE CONVICTIONS FOR A SINGLE ACT OF RAPE?
In Craig (17 C2d 453), the Cal. Supremes barred multiple convictions of forcible rape and statutory rape for a single act. In Gonzalez (60 C4th 533), the Cal. Supremes distinguished Craig and held that a defendant can be convicted of both oral copulation with an unconscious person (PC 288a(f)), and oral copulation with an intoxicated person (PC 288a(i)), for a single act. The Cal. Supremes now decide that a defendant can be convicted of both rape of an intoxicated person (PC 261(a)(3)) and rape of an unconscious person (PC 261(a)(4)(A)) for a single act. Over an obviously correct dissent, the majority relies on the subdivisions of the rape [More…] »
Criminal Law Case Summaries: November-December 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Munoz (2016) Cal.App.5th , reported on November 21, 2016, in 2016 Los Angeles Daily Journal 11469, the First Appellate District, Division 1 reversed the superior court appellate department’s finding that Vehicle Code section 31 did not violated the First Amendment. The constitutional deficiencies in Vehicle Code section 31, which criminalizes making of false statements to law enforcement officers while they are engaged in the performance of their duties, may be cured by construing or reforming the section to include a materiality provision. The lack of instruction that the defendant could not be convicted of violating section 31 unless his false statements to police were material, was harmless because the questions the defendant was convicted of answering falsely, Ahave you been drinking?” and “where are you coming from?”, were obviously material to the investigation of whether defendant was driving while under the influence. The Court of Appeal found that the lower court erred in relying of United States v. Alvarez (2016) U.S. , [132 S.Ct. 2537] given the fact that section 31 does not target protected speech, and the section is not a content-based restriction.
2. People v. Selivanov (2016) Cal.App.5th , reported on November 21, 2016, in 2016 Los Angeles Daily Journal 11403, the Second Appellate District, Division 4 held that in the trial of charter school operators, who were husband and wife, for financial crimes, the embezzlement conviction was supported by substantial evidence. It was reasonable for the jury to infer fraudulent intent from the defendants= use of school credit card to pay for meals at “business meetings” that occurred late at night and on weekend afternoons, and from [More…] »
Annual Two-Day Juvenile Defense Seminar – Friday & Saturday, January 20 & 21, 2017
The California Public Defenders Association presents…
A Special Two-Day Juvenile Defense Seminar
Friday & Saturday, January 20 & 21, 2017
The Portola Hotel and Spa – Two Portola Plaza, Monterey, California 93940
(Please take note of the new meeting facility if you have attended this program in the past)
For lodging reservations and registration information, see below
Arthur L. Bowie, Supervising Assistant Public Defender, Sacramento County
Martin F. Schwarz, Senior Assistant Public Defender, Orange County
This is CPDA`s 26th annual two-day seminar devoted entirely to juvenile law issues. One day will focus on dependency law, the next day on delinquency law. The program will feature discussions and lectures by some of the most experienced attorneys and experts practicing in the field of juvenile law issues. Written materials are included in the price of registration. This program qualifies for California MCLE participatory credit (see below).
DAY ONE – JUVENILE DEPENDENCY – FRIDAY, JANUARY 20, 2017 [More…] »
CACJ & CPDA 2017 Capital Case Defense Seminar
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
Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
Most recent update: November 10, 2016 | 11:37 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…] »