Employment opportunity: Assistant Public Defender, Shasta County
July 28, 2016 – 11:15 | Comments Off on Employment opportunity: Assistant Public Defender, Shasta County

Employment opportunity: Assistant Public Defender, Shasta County
Closing Date/Time: Mon. 08/29/16 5:00 PM Pacific Time
Salary: $51.80 – $66.12 Hourly
$8,978.00 – $11,460.00 Monthly
$107,736.00 – $137,520.00 Annually
Job Type: Full-Time Regular
Location: Redding, California
FINAL FILING DATE –AUGUST 29, 2016
Under direction, …[select title for full text]

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending July 29, 2016
July 28, 2016 – 19:12 | Comments Off on THE WEEK’S CASES: for the week ending July 29, 2016

Menaster-2015-May-Cropped

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

POLICE DASHBOARD CAMERA VIDEO OF AN ARREST IS NOT A POLICE PERSONNEL RECORD
The officer’s police car dashboard camera recorded video of an arrest. A juvenile court ordered discovery of the video (for the press; the minor agreed). The police argued that in order to get this video, the procedures provided in Pitchess (11 C3d 531) had to be used. The C/A rejects this argument. The court rules that the arrest video is not a personnel record and thus doesn’t come within the scope of Pitchess.
City of Eureka v. Superior Court (Greenson); A145701; 7/19/16; C/A 1st, Div. 5

JUDGE CAN’T REJECT PLEA BARGAIN WITHOUT EXPLAINING WHY

The DA offered this defendant a plea bargain and the defendant accepted. But the judge nixed it. Generally, judges have discretion to accept or reject plea bargains; you can’t force a judge to accept it. But this C/A reverses because the judge, when rejecting the plea agreement, never explained why. The C/A says that this was arbitrary and thus was an abuse of discretion.
People v. Loya; F069487; 7/26/16; C/A 5th

BLANKET AFFIDAVITING OF JUDGES IS NOT BARRED [More…] »

Continuing Legal Education - CPDA, MCLE Events - CPDA, Self-Study »

New Self-Study Video – Live Broadcasts
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
July 26, 2016 – 09:07 | Comments Off on
New Self-Study Video – Live Broadcasts
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute

Live Broadcast Scheduled:
The 45th Annual Basic Trial Skills Institute

tv-on-laptop

Tuesday, July 25 – Friday, July 29, 2016

The entire CPDA Calendar of Events page is located HERE

Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, Attorney at Law, San Francisco, California
Bart Sheela, Deputy Alternate Public Defender, San Diego
Featuring Dozens of Experienced Criminal Defense Trial Attorneys
as Faculty Members and Speakers, including:
Juliana Humphrey, Kathleen Cannon, Stephen Prekoski, Susan Leff, Bart Sheela, Chuck Denton, Carmen Aguirre, Kathleen Pozzi, Corey Farris, Keri Klein, W. Gregory Klein, Bryna Holland, Traci Owens, Rodrigo Curbelo, Matt Sotorosen, Kwixuan Maloof, Kate Braner, Richard Briones-Colman, Lewis Romero, Garrick Byers, Souley Diallo, Richard Gates, Matthew Darling, Frank Bittar, Allison Zuvela, Jeff Chambliss, Jenny Andrews, Whitney Antrim, Denis Lainez, Mickey Sampson, Brendon Woods, Yahairah Aristy, Susan Israel, Sarah Shekhter, Laura Arnold, Jill Kovaly, Lesli Caldwell, Felicia Carrington,
Amy Viera, Pedro Oliveras, Sam Eaton, and Les McMillan.

See below for the exact time schedule for topics and speakers.
(Note: You must log in to view this members-only content below (see login box on upper right panel of this page)

[More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: May-June 2016
June 23, 2016 – 22:37 | Comments Off on Criminal Law Case Summaries: May-June 2016

Mandinach

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

1. In re Ivan N. (2016) Cal.App.4th , reported on May 23, 2016, in 2016 Los Angeles Daily Journal 4775, the Fourth Appellate District, Division 1 held that the juvenile court did not err in failing to conduct an additional hearing regarding his educational preferences as a “foster child,” after he was adjudication a ward of the court under Welfare and Institutions Code section 602, and a dispositional order made under Welfare and Institutions Code section 727. Neither Education Code section 48853.5 which requires consideration of a preference by a “foster child” or other minor subject to the auspices of the juvenile court to continue attending the minor’s school of origin, nor Rule of Court, Rule 5.651(a) or 5.790, requires the juvenile court to conduct an additional hearing, in a case where the court has issued a dispositional order requiring community-based treatment (see Ed. Code ‘ 48645.1) and potentially resulting in the minor=s placement at a juvenile court school, to determine whether the minor could be returned to his high school of origin after he received a short period of such treatment. (See In re Angela M. (2003) 111 Cal.App.4th 1392, 1397-1399.)

2. People v. Robinson (2016) Cal.4th , reported on May 24, 2016, in 2016 Los Angeles Daily Journal 4846, the California Supreme Court held that misdemeanor sexual battery (‘ 243.4, subd. (e)(1)) is not a lesser included offense of sexual battery by misrepresentation of a professional purpose (‘ 243.4 subd. (c)) where the same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, the former offense is not a lesser included offense of the latter. While it is true that every defendant who commits sexual battery by misrepresentation of professional purpose also commits misdemeanor sexual battery; the victim has been touched for a sexual purpose without consenting. However, the victim’s lack of consent arises from a particular circumstance created by the defendant’s misrepresentation. Moreover, a charge of sexual battery under section 243.4, subdivision (c) does not notify the defendant of the need to contest the consent issue on any basis other than the alleged fraudulent representation. [More…] »

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

The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016
June 22, 2016 – 03:06 | Comments Off on The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016

USDCampus

THE CALIFORNIA PUBLIC DEFENDERS ASSOCIATION
Presents
The 45th Annual Summer Basic Trial Skills Institute
Monday, July 25 – Friday, July 29, 2016, at The University of San Diego
Don’t miss this unique opportunity to build community and defender pride while developing your storytelling, pre-trial and trial skills on the lovely campus of
The University of San Diego!

Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, Attorney at Law, San Francisco, California
Bart Sheela, Deputy Alternate Public Defender, San Diego
Featuring Dozens of Experienced Criminal Defense Trial Attorneys
as Faculty Members and Speakers, including:

 

Juliana Humphrey, Kathleen Cannon, Stephen Prekoski, Susan Leff, Bart Sheela, Chuck Denton, Carmen Aguirre, Kathleen Pozzi, Corey Farris, Keri Klein, W. Gregory Klein, Bryna Holland, Traci Owens, Rodrigo Curbelo, Matt Sotorosen, Kwixuan Maloof, Kate Braner, Richard Briones-Colman, Lewis Romero, Garrick Byers, Souley Diallo, Richard Gates, Matthew Darling, Frank Bittar, Allison Zuvela, Jeff Chambliss, Jenny Andrews, Whitney Antrim, Denis Lainez, Mickey Sampson, Brendon Woods, Yahairah Aristy, Susan Israel, Sarah Shekhter, Laura Arnold, Jill Kovaly, Lesli Caldwell, Felicia Carrington,
Amy Viera, Pedro Oliveras, Sam Eaton, and Les McMillan.

 

PROGRAM SCHEDULE

Monday – July 25

BBQ on Campus 5:30 p.m. – 8:00 p.m.  Alcala Vista Apartments Courtyard.

7:30 pm. – Faculty-Only Meeting on Campus – Alcala Vista Apartments Complex (the dorms)

Tuesday – July 26
8:15 a.m. Opening Remarks: Training Coordinators

[More…] »

Breaking News Links, Self-Study »

Defender 411 Radio
June 9, 2016 – 10:10 | Comments Off on Defender 411 Radio

radio-dial-horizonal-5

Defender 411 Radio Station.  This station includes legislative news updates, information on upcoming seminars long before they’re distributed, president’s messages, alerts regarding state bar news and calls for public comment; and other audio resources, not all of which qualifies for MCLE self-study credits (a calendar will be added that so notes those broadcasts that do, similar to Claranet 411 Radio).  News flashes and other urgent messages fo for members will interrupt any broadcast currently in progress.

[More…] »

Continuing Legal Education - CPDA, CPDA Events, MCLE Events - CPDA, Self-Study »

New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
June 4, 2016 – 04:40 | Comments Off on New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California

Recorded Live (unedited field recordings)
Final high-resolution edited version will be
online at this location in approximately 7 days

CPDA’s 8th Annual Two-Day DUI Defense Practice Institute

Monterey_Portola_01

Friday & Saturday, June 3-4, 2016 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940

Program Coordinators:

Peter L. Arian, Attorney at Law, San Anselmo, California

Bruce Kapsack, Attorney at Law, Oakland, California

Jose Varela, Marin County Public Defender

Friday (Recorded), June 3, 2016

Saturday (Recorded), June 4, 2016|


(Note: At the beginning and during break times, you may wish to move the progress bar button slightly to the right to advance to the starting point of the next speaker. This is only the case with these unedited field recordings “hot off the press.”  )

[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…] »

New Self-Study Video – Live Broadcasts
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
July 26, 2016 – 09:07 | Comments Off on
New Self-Study Video – Live Broadcasts
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
<center>New Self-Study Video – Live Broadcasts  <br> July 26 – July 29, 2016<br>The 45th Annual Basic Trial Skills Institute</center>

Live Broadcast Scheduled:
The 45th Annual Basic Trial Skills Institute

Tuesday, July 25 – Friday, July 29, 2016
The entire CPDA Calendar of Events page is located HERE
Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, Attorney at …[select title for full text]

THE WEEK’S CASES: for the week ending July 29, 2016
July 28, 2016 – 19:12 | Comments Off on THE WEEK’S CASES: for the week ending July 29, 2016
THE WEEK’S CASES: for the week ending July 29, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
POLICE DASHBOARD CAMERA VIDEO OF AN ARREST IS NOT A POLICE PERSONNEL RECORD
The officer’s police car dashboard camera recorded video of an arrest. A …[select title for full text]

Criminal Law Case Summaries: May-June 2016
June 23, 2016 – 22:37 | Comments Off on Criminal Law Case Summaries: May-June 2016
Criminal Law Case Summaries: May-June 2016

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re Ivan N. (2016) Cal.App.4th , reported on May 23, 2016, in 2016 Los Angeles Daily Journal 4775, the Fourth Appellate District, …[select title for full text]

The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016
June 22, 2016 – 03:06 | Comments Off on The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016
The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016

THE CALIFORNIA PUBLIC DEFENDERS ASSOCIATION
Presents
The 45th Annual Summer Basic Trial Skills Institute
Monday, July 25 – Friday, July 29, 2016, at The University of San Diego
Don’t miss this unique opportunity to build community and defender …[select title for full text]

Defender 411 Radio
June 9, 2016 – 10:10 | Comments Off on Defender 411 Radio
Defender 411 Radio

Defender 411 Radio Station.  This station includes legislative news updates, information on upcoming seminars long before they’re distributed, president’s messages, alerts regarding state bar news and calls for public comment; and other audio resources, not …[select title for full text]

New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
June 4, 2016 – 04:40 | Comments Off on New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California

Recorded Live (unedited field recordings)
Final high-resolution edited version will be
online at this location in approximately 7 days
CPDA’s 8th Annual Two-Day DUI Defense Practice Institute

Friday & Saturday, June 3-4, 2016 at The Portola Hotel and Spa
Two Portola …[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]

THE WEEK’S CASES: for the week ending July 22, 2016
July 22, 2016 – 14:18 | Comments Off on THE WEEK’S CASES: for the week ending July 22, 2016
THE WEEK’S CASES: for the week ending July 22, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
POWER TO DISMISS GANG ENHANCEMENTS
PC 186.22(b) is the enhancement for committing crimes for the benefit of a gang. PC 186.22(g) permits a court to …[select title for full text]

Protected: The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format for program registrants – If you are registered to attend, you will receive an email with the passcode on 7/21/2016
July 19, 2016 – 19:40 | Comments Off on Protected: The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format for program registrants – If you are registered to attend, you will receive an email with the passcode on 7/21/2016
Protected: The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format for program registrants – If you are registered to attend, you will receive an email with the passcode on 7/21/2016

There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending July 15, 2016
July 15, 2016 – 16:27 | Comments Off on THE WEEK’S CASES: for the week ending July 15, 2016
THE WEEK’S CASES: for the week ending July 15, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY REVERSED FOR WITT/WITHERSPOON ERROR
The Cal. Supremes reverse this death penalty verdict for Witt (469 US 412) and Witherspoon (391 US 510) error, …[select title for full text]

THE WEEK’S CASES: for the week ending July 8, 2016
July 8, 2016 – 06:25 | Comments Off on THE WEEK’S CASES: for the week ending July 8, 2016
THE WEEK’S CASES: for the week ending July 8, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REFUSING A WARRANTLESS BLOOD TEST CAN’T BE A CRIME; IMPLIED CONSENT DOESN’T FIX IT
Some states make it a substantive crime for a defendant to …[select title for full text]

Protected: Defending Gang Cases: Seminar course materials and follow-up materials in electronic format for program registrants – If you registered to attend this seminar see the print-version booklet table of contents on 7/9/2016 for the passcode or email cpda@cpda.org – registrants only.
July 7, 2016 – 02:43 | Comments Off on Protected: Defending Gang Cases: Seminar course materials and follow-up materials in electronic format for program registrants – If you registered to attend this seminar see the print-version booklet table of contents on 7/9/2016 for the passcode or email cpda@cpda.org – registrants only.
Protected: Defending Gang Cases: Seminar course materials and follow-up materials in electronic format for program registrants – If you registered to attend this seminar see the print-version booklet table of contents on 7/9/2016 for the passcode or email cpda@cpda.org – registrants only.

There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending July 1, 2016
July 1, 2016 – 10:21 | Comments Off on THE WEEK’S CASES: for the week ending July 1, 2016
THE WEEK’S CASES: for the week ending July 1, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
GANG EXPERT TESTIMONY IS OFFERED FOR ITS TRUTH, IS HEARSAY, AND VIOLATES CRAWFORD
The police gang “expert” testified to various hearsay statements to establish that …[select title for full text]