October 16, 2017 – 14:04 | Comments Off on Wrongful Convictions and DNA Exonerations: Understanding the Role of Forensic Science

 
 
DOWNLOAD a copy of this article in PDF format:  Wrongful Convictions and DNA Exonerations_ Understanding the Role of Forensic Science.pdf
 

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THE WEEK’S CASES: for the week ending October 13, 2017
October 13, 2017 – 16:33 | Comments Off on THE WEEK’S CASES: for the week ending October 13, 2017

Menaster-2015-May-Cropped

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

JUROR DISCUSSION OF THE DEFENDANT NOT TESTIFYING NOT MISCONDUCT
On your request, the judge is required to give CALCRIM 355, telling the jury that they are not to consider or discuss the fact that the defendant didn’t testify. If, for tactical reasons, you tell the judge that you don’t want that instruction, the issue is waived on appeal. (Gardner, 71 C2d 843, 854.) The instruction wasn’t given here. And of course the jury discussed the defendant’s failure to testify. The trial judge denied a motion for new trial. This C/A rules that this isn’t jury misconduct. Why not? Hey, no one told the jury they couldn’t discuss the defendant not testifying, so that couldn’t be misconduct. This seems crazy to me. In fn. 5 the C/A says that this could violate due process; I suppose their point is that defense counsel didn’t assert a due process violation claim, only a juror misconduct claim. Really?
People v. Alaniz; B266209; 10/10/17; C/A 2nd, Div. 7

RESTITUTION FOR FUNERAL AND BURIAL EXPENSES INCURRED FOR A MURDER VICTIM
The court ordered $9,000 in restitution to the murder victim’s mother for funeral and burial expenses. In Runyan (54 C4th 849), the Cal. Supremes ruled that restitution to a murder victim’s estate for expenses arising after the victim died was not authorized under PC 1202.4 because the victim [More…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules »

California – 2017 Cumulative Legislative Update Through October 15, 2017
October 15, 2017 – 23:07 | Comments Off on California – 2017 Cumulative Legislative Update Through October 15, 2017

california-state-capitol

Legislative Update #2 for Sunday, October 15, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 22 by Assemblymember Rob Bonta (D-Oakland) – Secretary of State: storing and recording electronic media.
– AB 83 by Assemblymember Miguel Santiago (D-Los Angeles) – Collective bargaining: Judicial Council.
– AB 132 by Assemblymember Reginald Byron Jones-Sawyer Sr. (D-Los Angeles) – Public contracts: 2028 Olympic Games and Paralympic Games.
– AB 203 by Assemblymember Patrick O’Donnell (D-Long Beach) – School facilities: design and construction: report: regulations. A signing message can be found here.
– AB 250 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – State Coastal Conservancy: Lower Cost Coastal Accommodations Program.
– AB 469 by Assemblymember Jim Cooper (D-Elk Grove) – Candidates: nomination documents.
– AB 474 by Assemblymember Eduardo Garcia (D-Coachella) – Hazardous waste: spent brine solutions. A signing message can be found here.
– AB 512 by Assemblymember Freddie Rodriguez (D-Pomona) – Public employees’ retirement: safety members: industrial disability retirement.
– AB 707 by Assemblymember Cecilia Aguiar-Curry (D-Winters) – Clear Lake.
– AB 841 by Assemblymember Shirley N. Weber (D-San Diego) – Pupil nutrition: food and beverages: advertising: corporate incentive programs.
– AB 848 by Assemblymember Kevin McCarty (D-Sacramento) – Public contracts: University of California: California State University: domestic workers.
– AB 918 by Assemblymember Rob Bonta (D-Oakland) – California Voting for All Act.
– AB 967 by Assemblymember Todd Gloria (D-San Diego) – Human remains disposal: alkaline hydrolysis: licensure and regulation.
– AB 1221 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2017.
– AB 1367 by Assemblymember Marc Berman (D-Menlo Park) – Improper signature-gathering tactics.
– AB 1414 by Assemblymember Laura Friedman (D-Glendale) – Solar energy systems: permits.
– AB 1424 by Assemblymember Marc B. Levine (D-Marin County) – University of California: Best Value Construction Contracting Program.
– AB 1665 by Assemblymember Eduardo Garcia (D-Coachella) – Telecommunications: California Advanced Services Fund.
– SB 5 by Senator Kevin de León (D-Los Angeles) – California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
– SB 179 by Senator Toni G. Atkins (D-San Diego) – Gender identity: female, male, or nonbinary.
– SB 201 by Senator Nancy Skinner (D-Berkeley) – Higher Education Employer-Employee Relations Act: employees.
– SB 226 by Senator Robert M. Hertzberg (D-Van Nuys) – Political Reform Act of 1974: slate mailers.
– SB 310 by Senator Toni G. Atkins (D-San Diego) – Name and gender change: prisons and county jails.
– SB 334 by Senator Bill Dodd (D-Napa) – Enhanced industrial disability leave.
– SB 396 by Senator Ricardo Lara (D-Bell Gardens) – Employment: gender identity, gender expression, and sexual orientation.
– SB 615 by Senator Ben Hueso (D-San Diego) – Salton Sea restoration.

The Governor also announced that he has vetoed the following bills:

– AB 17 by Assemblymember Chris Holden (D-Pasadena) – Transit Pass Pilot Program: free or reduced-fare transit passes. A veto message can be found here.
– AB 233 by Assemblymember Todd Gloria (D-San Diego) – Pupils: right to wear religious, ceremonial, or cultural adornments at school graduation ceremonies. A veto message can be found here.
– AB 313 by Assemblymember Adam Gray (D-Merced) – Water. A veto message can be found here.
– AB 432 by Assemblymember Tony Thurmond (D-Richmond) – Personal care services. A veto message can be found here.
– AB 568 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – School and community college employees: paid maternity leave. A veto message can be found here.
– AB 569 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Discrimination: reproductive health. A veto message can be found here.
– AB 890 by Assemblymember Jose Medina (D-Riverside) – Land use: planning and zoning: initiatives. A veto message can be found here.
– AB 894 by Assemblymember Jim L. Frazier Jr. (D-Discovery Bay) – Candidates’ statements: false statements. A veto message can be found here.
– AB 973 by Assemblymember Evan Low (D-Campbell) – Remote accessible vote by mail system. A veto message can be found here.
– AB 1249 by Assemblymember Adam Gray (D-Merced) – Property taxation: exemptions: veterans’ organizations. A veto message can be found here.
– AB 1513 by Assemblymember Ash Kalra (D-San Jose) – Registered home care aides: disclosure of contact information. A veto message can be found here.
– AB 1660 by Assemblymember Ash Kalra (D-San Jose) – Court reporter providers. A veto message can be found here.
– SB 149 by Senator Mike McGuire (D-Healdsburg) – Presidential primary elections: ballot access. A veto message can be found here.
– SB 169 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Education: sex equity. A veto message can be found here.
– SB 574 by Senator Ricardo Lara (D-Bell Gardens) – University of California: contracts: bidding. A veto message can be found here.
– SB 599 by Senator Anthony Portantino (D-La Cañada Flintridge) – Public Employees’ Medical and Hospital Care Act: Peace Officers Research Association of California Insurance and Benefits Trust. A veto message can be found here.
– SB 649 by Senator Ben Hueso (D-San Diego) – Wireless telecommunications facilities. A veto message can be found here.

For full text of the bills, visit: http://leginfo.legislature.ca.gov

 

Legislative Update for Sunday, October 15, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 262 by Assemblymember Rob Bonta (D-Oakland) – Public contracts: bid specifications: Buy Clean California Act. A signing message can be found here.
– AB 460 by Assemblymember Frank Bigelow (R-O’Neals) – Horse racing: satellite wagering facilities: fairs: funding.
– AB 634 by Assemblymember Susan Talamantes Eggman (D-Stockton) – Real property: solar energy systems.
– AB 837 by Assemblymember Evan Low (D-Campbell) – No party preference voters: partisan primary elections.
– AB 840 by Assemblymember Bill Quirk (D-Hayward) – Elections: vote by mail and provisional ballots.
– AB 851 by Assemblymember Anna Caballero (D-Salinas) – Local agency contracts.
– AB 857 by Assemblymember Philip Y. Ting (D-San Francisco) – State highways: property leases.
– AB 906 by Assemblymember Richard H. Bloom (D-Santa Monica) – Beverage containers: polyethylene terephthalate.
– AB 1111 by Assemblymember Eduardo Garcia (D-Coachella) – Removing Barriers to Employment Act: Breaking Barriers to Employment Initiative.
– AB 1525 by Assemblymember Catharine Baker (R-Dublin) – Firearms warnings.
– SB 31 by Senator Ricardo Lara (D-Bell Gardens) – California Religious Freedom Act: state agencies: disclosure of religious affiliation information.
– SB 45 by Senator Tony Mendoza (D-Artesia) – Political Reform Act of 1974: mass mailing prohibition.
– SB 173 by Senator Bill Dodd (D-Napa) – Real estate: Bureau of Real Estate.
– SB 233 by Senator Jim Beall (D-San Jose) – Foster children: records.
– SB 258 by Senator Ricardo Lara (D-Bell Gardens) – Cleaning Product Right to Know Act of 2017.
– SB 490 by Senator Steven Bradford (D-Gardena) – Wages: Barbering and Cosmetology Act: licensees.
– SB 542 by Senator Connie M. Leyva (D-Chino) – Manufactured Housing Act of 1980: notice of transfer and release of liability.
– SB 634 by Senator Scott T. Wilk (R-Lancaster) – Santa Clarita Valley Water Agency.

The Governor also announced that he has vetoed the following bills:

– AB 45 by Assemblymember Tony Thurmond (D-Richmond) – California School Employee Housing Assistance Grant Program. A veto message can be found here: https://www.gov.ca.gov/docs/AB_45_Veto_Message_2017.pdf
– AB 1019 by Assemblymember David Chiu (D-San Francisco) – California Uniform Construction Cost Accounting Commission. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1019_Veto_Message_2017.pdf
– AB 1029 by Assemblymember Shirley N. Weber (D-San Diego) – Comprehensive school safety plans. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1029_Veto_Message_2017.pdf
– AB 1209 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Employers: gender pay differentials. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1209_Veto_Message_2017.pdf
– AB 1264 by Assemblymember Eduardo Garcia (D-Coachella) – Special education pupils: individualized education program: meetings: school records. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1264_Veto_Message_2017.pdf
– AB 1408 by Assemblymember Ian C. Calderon (D-Whittier) – Crimes: supervised release. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1408_Veto_Message_2017.pdf
– SB 80 by Senator Bob Wieckowski (D-Fremont) – California Environmental Quality Act: notices. A veto message can be found here: https://www.gov.ca.gov/docs/SB_80_Veto_Message_2017.pdf
– SB 357 by Senator Ben Hueso (D-San Diego) – International trade and investment office: Mexico. A veto message can be found here: https://www.gov.ca.gov/docs/SB_357_Veto_Message_2017.pdf

For full text of the bills, visit: http://leginfo.legislature.ca.gov

[More…] »

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

CPDA’s Annual Felony Defense Practice Seminar
October 2, 2017 – 16:58 | Comments Off on CPDA’s Annual Felony Defense Practice Seminar

The California Public Defenders Association presents…
22nd Annual Felony Defense Practice Seminar
Friday & Saturday, November 10-11, 2017
At Half Dome Village (Curry Pavilion) – Yosemite National Park
Coordinators:
Kathleen Cannon, Attorney at Law, San Diego, California
Charles Denton, Assistant Public Defender, Alameda County
Matt Sotorosen, Senior Trial Attorney, San Francisco County

 


Note: Use the following link to enroll online: – http://defender411.us/2017-11-R


 

Join us for this program that promises to provide an informative and practical approach to handling these difficult cases.We have developed an excellent line up of well-known experts who will be there to give you insights into how you can approach a variety of issues that arise in felony defense practice with better results. CPDA has blocked a large group of lodging rooms at the Yosemite National Park Valley Lodge at a special rate. To reserve lodging at Yosemite Valley Lodge (inside the Park), please refer to the information included on this flyer for details. The program registration fee includes syllabus, reception on Friday, and breakfast on Saturday.

DAY ONE – FRIDAY, NOVEMBER 10, 2017 – HALF DOME VILLAGE

12:00 p.m. Registration & Check-In, Curry Pavilion. Soft Drinks & Chips

1:00 p.m. Judicial & Prosecutorial Misconduct – You’re Out of Order [1 hr. Ethics]

  Juliana Humphrey, Deputy Public Defender, San Diego County

2:15 p.m. Break

2:30 p.m. Nuts & Bolts of Introducing and Challenging Media Evidence (911 Calls, Body Cameras, Video Statements, etc.)

  Patrick Jensen, Assistant Public Defender, Alameda County

4:15 p.m. Conclusion of Day One

4:30 p.m – 6:00 p.m. Reception – Hors d’oeuvres, etc., Yosemite Valley Lodge, Garden Terrace

DAY TWO – SATURDAY, NOVEMBER 11, 2017 – HALF DOME VILLAGE

9:00 a.m. Latest Developments in Drug Cases and Search & Seizure

  Charles Denton, Assistant Public Defender, Alameda County

10:00 a.m. Persuading the Jury with Effective Power Point Presentations

  Henry Barmeier, Case Team Leader, The Bridgespan Group, San Francisco

  Rose Martin, Senior Program Manager, Twitter, San Francisco

11:30 a.m. Break

11:45 a.m. Immigration Strategies – What We Need to Do Now

  Rachael Keast, Assistant Public Defender, Alameda County

1:00 p.m. Conclusion of Program

******
This activity is deemed approved for Minimum Continuing Legal Education by the State Bar of California in the amount of 6.5 hours, including 1 hr. in the Specialty Area of Ethics. CPDA certifies that this activity conforms to the standards for approved education activities prescribed by the rules & regulations of the State Bar of California governing minimum continuing legal education. This activity is approved for California Legal Specialization Credit as follows: 1.5 hrs in Trial Advocacy and 5.0 hours in Substantive Criminal Law & Procedure. CPDA is an Approved Provider of Criminal Law under section 7.0 of the Rules Governing the State Bar of California Program for Certifying Legal Specialists and the Standards.
******

Reserve your lodging ASAP for this program on the Internet at: http://travelyosemite.com CPDA Group Code: 10V2NC

Additional/Alternative lodging available at this link: Yosemite View Lodge and Cedar Lodge http://www.yosemiteresorts.us/ or by calling 888-742-4371

******
Use this link to enroll online now: http://defender411.us/2017-11-R

Use this link to download a PDF version of this notice: http://www.cpda.org/2017-11-10-11-Yosemite-Felony-Defense.pdf
******
New Group Registration Discount. For those who register in a group of five defenders or more, there’s a 15 percent discount on the per-person registration price. Call 1-800-538-4993 for details on how to take advantage of this new group discount rate.
******
Registrants: Materials will be distributed on the day of the program. Attention Late Registrants: If you register three days or fewer prior to a training program, your course materials may have to be mailed (first class postage) the first working day following the program. To avoid this, please register as early as possible. Refunds: Cancellations, written or by phone, must be made five days prior to the program to receive full refund. Paid registrants who do not show at the program will be contacted by mail and given the option to receive an Internet link to view the program for California State Bar MCLE SELF-STUDY CREDIT, or a refund of the amount paid less $15.00 processing fee.
******
This seminar is for criminal defense professionals only. If you are not a full-time criminal defense attorney or criminal defense professional, you must submit a registration request form (available by emailing or calling CPDA). You will be notified as to whether you may attend within 24 hours of receipt of your request form. If you do not receive a reply, you should contact CPDA to determine whether you may attend. At-The-Door-Registrations by non-full-time criminal defense professionals will not be permitted. If your application form is not approved, any registration fee will be returned unprocessed. Individuals involved in the prosecution of criminal cases may not attend this program. Contributions or gifts to CPDA are not tax deductible as charitable contributions.
******
Products and services offered by CPDA are for purchase and use only by full-time criminal defense professionals. If you are not a full-time criminal defense attorney or full-time criminal defense professional, you may submit a purchase request via email at cpda@cpda.org. You will be sent a purchase request form to complete and return to CPDA. After submission of the completed purchase request form, you will be notified as to whether you may purchase the product or service in question.
******

ONLINE CALENDAR OF EVENTS: http://defender411.us/Calendar-of-Events

Awards, Breaking News Links »

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 08:53 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information

Award-4.jpbThe Defender of the Year Award

The Defender Program of the Year Award

The Gideon Award

The Honorable Rose Elizabeth Bird Award

 

In April of 2018, the California Public Defenders Association will present the following awards at its 49th Annual Convention, which will be held in Southern, California, exact location to be noted here the first week of October, 2017.

Defender of the Year Award 
Defender Program of the Year Award
Gideon Award
Honorable Rose Elizabeth Bird Award

The “Defender of the Year Award” was established to recognize a defender or defenders who, in the opinion of other defenders, deserve special recognition for their work in criminal defense practice.  In some cases this is due to a particular effort in a case, while in other cases it is for an entire body of work.  The recipient of the Defender of the Year Award last year was Alexander Simpson, Associate Director, California Innocence Project, San Diego, California. The award is open to both public defenders and private defense counsel. [More…] »

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

The California Public Defenders Association presents…Defending Sexual Assault Cases
August 24, 2017 – 12:41 | Comments Off on The California Public Defenders Association presents…Defending Sexual Assault Cases

The California Public Defenders Association presents…
Defending Sexual Assault Cases 
Saturday, October 28, 2017
At The DoubleTree Golf Resort Palm Springs,
67967 Vista Chino, Cathedral City, California 92234 
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San Diego County
Kathleen Cannon, Attorney at Law, Vista, California

Note: You can enroll to attend this program using this link: – http://Defender411.us/20171028R

Join us this year in beautiful Palm Springs and take advantage of this opportunity to hear a variety of highly experienced trial attorneys share their thoughts on many important topics related to Defending Sexual Assault Cases. CPDA has blocked a large group of lodging rooms at the DoubleTree Golf Resort Palm Springs at a discounted rate, so be sure to tell the hotel that you are with CPDA when you call to make reservations to take advantage of this special rate. This program qualifies for California State Bar MCLE participatory credits, see box below. There is an early cut-off date for the special lodging rate, so make your reservations ASAP. Group-rate reservations cut-off date: September 27, 2017.

PROGRAM SCHEDULE – SATURDAY, OCTOBER 28, 2017 S-576

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

8:30 a.m. EC1101/1108: Can the DA get into Evidence Prior Sex Crimes of your Client? No!

–> Al Menaster, Head Deputy Public Defender, Los Angeles County

9:30 a.m. Cross-Examination of a Child Witness

–> A.C. Jones, Deputy Public Defender, Riverside County

10:30 a.m. Understanding the SART Exam

–> Cari Caruso, RN, SANE-A, Simi Valley, California

11:30 a.m. Break

11:45 a.m. Defense of Alcohol Facilitated Sexual Assault Claims-Lessons from the Military Courts

–> Kate Coyne, Attorney Advisor, USMC, San Diego, California

12:45 p.m. Opening Statements in Sex Cases

–> Brian Waite, Assistant Public Defender, Orange County

2:15 p.m. Conclusion of Program

*****
This activity is deemed approved for Minimum Continuing Legal Education by the State Bar of California in the amount of 5.5 hours. The California Public Defenders Association is a State Bar of California approved provider.

This activity is approved for California Legal Specialization Credit as follows: 4.0 hrs in Trial Advocacy and 1.25 hours in Substantive Criminal Law & Procedure. CPDA is an Approved Provider of Criminal Law under section 7.0 of the Rules Governing the State Bar of California Program for Certifying Legal Specialists and the Standards.
******

Note: You can enroll to attend this program using this link: – http://Defender411.us/20171028R

Use this link to download a PDF version of this notice: http://www.cpda.org/2017-10-28-Defending-Sexual-Assault-Cases-Seminar.pdf

Lodging Reservation Information. You may use this Internet link below to reserve your lodging at the DoubleTree Golf Resort Palm Springs: http://defender411.us/20171028L

Alternatively, you may call to make lodging reservations at the discounted rate by calling 1-760-322-6802. Note that you must mention you are attending the CPDA event to obtain the discount lodging rate

******

 


******
New Group Registration Discount. For those who register in a group of five defenders or more, there’s a 15 percent discount on the per-person registration price. Call 1-800-538-4993 for details on how to take advantage of this new group discount rate.
******
Registrants: Materials will be distributed on the day of the program. Attention Late Registrants: If you register three days or fewer prior to a training program, your course materials may have to be mailed (first class postage) the first working day following the program. To avoid this, please register as early as possible. Refunds: Cancellations, written or by phone, must be made five days prior to the program to receive full refund. Paid registrants who do not show at the program will be contacted by mail and given the option to receive an Internet link to view the program for California State Bar MCLE SELF-STUDY CREDIT, or a refund of the amount paid less $15.00 processing fee.
******
This seminar is for criminal defense professionals only. If you are not a full-time criminal defense attorney or criminal defense professional, you must submit a registration request form (available by emailing or calling CPDA). You will be notified as to whether you may attend within 24 hours of receipt of your request form. If you do not receive a reply, you should contact CPDA to determine whether you may attend. At-The-Door-Registrations by non-full-time criminal defense professionals will not be permitted. If your application form is not approved, any registration fee will be returned unprocessed. Individuals involved in the prosecution of criminal cases may not attend this program. Contributions or gifts to CPDA are not tax deductible as charitable contributions.
******
Products and services offered by CPDA are for purchase and use only by full-time criminal defense professionals. If you are not a full-time criminal defense attorney or full-time criminal defense professional, you may submit a purchase request via email at cpda@cpda.org. You will be sent a purchase request form to complete and return to CPDA. After submission of the completed purchase request form, you will be notified as to whether you may purchase the product or service in question.
******

ONLINE CALENDAR OF EVENTS: http://defender411.us/Calendar-of-Events

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: July – August 2017
August 23, 2017 – 21:26 | Comments Off on Criminal Law Case Summaries: July – August 2017

Mandinach

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

1. People v. Jones (2017) Cal.5th , reported on July 21, 2017, in 2107 Los Angeles Daily Journal 7012, the California Supreme Court held that the contention that cumulative error requires reversal of the judgment of conviction and/or the death judgment fails where the only error was that the court improperly restricting defense counsel’s cross-examination of three witnesses, and that error was harmless beyond a reasonable doubt. The defendant also claimed that the court improperly prevented him from introducing testimony that the defendant was no longer a gang member at the time of the shooting. The testimony excluded was from a prevention outreach counselor and his organization worked closely with the police. The testimony would have been based on the counselor’s discussions with unspecified gang members and others in the community, and his observations of the defendant. The trial court found the testimony relevant, but inadmissible hearsay. A lay witness may offer opinion testimony (see Evid. Code ‘ 800; People v. Leon (2015) 61 Cal.4th 569, 60), but when a lay witness offers an opinion that goes beyond the facts of the witnesses personal knowledge, it is held inadmissible. (People v. McAlpin (1991) 53 Cal.3d 1289, 1308.)

2. People v. Bloomfield (2017) Cal.App.5th , reported on July 24, 2017, in 2107 Los Angeles Daily Journal 7041, the First Appellate District, Division 1 held that the trial court did not err in denying the reduction to a misdemeanor for a conviction for section 484f, subdivision (a) as it is not one of the offenses listed in Prop 47. The fact that other types of forgery qualify for reduction does not deny equal protection because those other forms can rationally be viewed as less serious. The Court of Appeal rejected the analogy to People v. Romanowski (2017) 2 Cal.5th 903, and People v. Gonzales (2017) 2 Cal.5th 858.

3. People v. DeLeon (2017) Cal.5th , reported on July 25, 2017, in 2107 Los Angeles Daily Journal 7086, the California Supreme Court held that Morrissey v. Brewer (1972) 408 U.S. 471 [re: parole revocation hearings] preliminary hearing requirements apply to parole revocation proceeding conducted in the superior court, post realignment. Parolees facing revocation proceedings are constitutionally entitled to certain due process rights, and this preliminary hearing is one of them. The Criminal Justice Realignment Act of 2011, in transferring jurisdiction over most parole revocation hearings from the Board of Parole Hearings (BPH) to the superior courts, did not negate a parolee’s right to a prompt preliminary hearing after arrest to determine whether there is probable cause to believe a parole violation has occurred.

4. People v. Estrada (2017) Cal.5th , reported on July 25, 2017, in 2107 Los Angeles Daily Journal 7095, the California Supreme Court held that the trial court did not err when it denied the defendant’s motion for resentencing under Proposition 36, Penal Code section 1170.126, as he was ineligible [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…] »

California – 2017 Cumulative Legislative Update Through October 15, 2017
October 15, 2017 – 23:07 | Comments Off on California – 2017 Cumulative Legislative Update Through October 15, 2017
California – 2017 Cumulative Legislative Update Through October 15,  2017

Legislative Update #2 for Sunday, October 15, 2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
– AB 22 by Assemblymember Rob Bonta (D-Oakland) – Secretary of State: storing …[select title for full text]

THE WEEK’S CASES: for the week ending October 13, 2017
October 13, 2017 – 16:33 | Comments Off on THE WEEK’S CASES: for the week ending October 13, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JUROR DISCUSSION OF THE DEFENDANT NOT TESTIFYING NOT MISCONDUCT
On your request, the judge is required to give CALCRIM 355, telling the jury that they …[select title for full text]

CPDA’s Annual Felony Defense Practice Seminar
October 2, 2017 – 16:58 | Comments Off on CPDA’s Annual Felony Defense Practice Seminar
CPDA’s Annual Felony Defense Practice Seminar

The California Public Defenders Association presents…
22nd Annual Felony Defense Practice Seminar
Friday & Saturday, November 10-11, 2017
At Half Dome Village (Curry Pavilion) – Yosemite National Park
Coordinators:
Kathleen Cannon, Attorney at Law, San Diego, California
Charles Denton, Assistant Public …[select title for full text]

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 08:53 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information

The Defender of the Year Award
The Defender Program of the Year Award
The Gideon Award
The Honorable Rose Elizabeth Bird Award
 
In April of 2018, the California Public Defenders Association will present the following awards at its 49th …[select title for full text]

The California Public Defenders Association presents…Defending Sexual Assault Cases
August 24, 2017 – 12:41 | Comments Off on The California Public Defenders Association presents…Defending Sexual Assault Cases
The California Public Defenders Association presents…Defending Sexual Assault Cases

The California Public Defenders Association presents…
Defending Sexual Assault Cases 
Saturday, October 28, 2017
At The DoubleTree Golf Resort Palm Springs,
67967 Vista Chino, Cathedral City, California 92234 
Program Coordinators:
Bart Sheela, Deputy Alternate Public Defender, San Diego County
Kathleen Cannon, Attorney …[select title for full text]

Criminal Law Case Summaries: July – August 2017
August 23, 2017 – 21:26 | Comments Off on Criminal Law Case Summaries: July – August 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Jones (2017) Cal.5th , reported on July 21, 2017, in 2107 Los Angeles Daily Journal 7012, the California Supreme Court held …[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 October 6, 2017
October 7, 2017 – 01:23 | Comments Off on THE WEEK’S CASES: for the week ending October 6, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
INTERNET WEBSITE INFORMATION CAN BE RELIED UPON BY CRIMINALISTS TO IDENTIFY DRUGS
In Stamps (3 CA5th 988) the criminalist was permitted to testify to the …[select title for full text]

THE WEEK’S CASES: for the week ending September 29, 2017
September 29, 2017 – 20:52 | Comments Off on THE WEEK’S CASES: for the week ending September 29, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FAILURE TO CHARGE A PRIOR AS A STRIKE BARS SENTENCING AS A STRIKE
The defendant had a prior conviction. The conviction was a strike prior, …[select title for full text]

THE WEEK’S CASES: for the week ending September 22, 2017
September 22, 2017 – 06:44 | Comments Off on THE WEEK’S CASES: for the week ending September 22, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ONCE PROBATION ENDS, NO MORE JAIL
Big win for our own Lara Kislinger. The defendant is put on felony probation in 2007. In 2010, after …[select title for full text]

THE WEEK’S CASES: for the week ending September 15, 2017
September 16, 2017 – 11:19 | Comments Off on THE WEEK’S CASES: for the week ending September 15, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CONSENT TO TEST FOR ALCOHOL IS NOT CONSENT TO TEST FOR DRUGS
The defendant was arrested for DUI. The police officer told him he could …[select title for full text]

THE WEEK’S CASES: for the week ending September 8, 2017
September 8, 2017 – 09:33 | Comments Off on THE WEEK’S CASES: for the week ending September 8, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRAWFORD REPEALED ARANDA/BRUTON
Crawford (541 US 36) held that admission of testimonial hearsay violates the Confrontation clause. Aranda (63 C2d 518) and Bruton (391 US …[select title for full text]

Annual Homicide Defense Practice Seminar – Friday & Saturday September 8-9, 2017, Seminar course materials and follow-up materials in electronic format
September 5, 2017 – 11:30 | Comments Off on Annual Homicide Defense Practice Seminar – Friday & Saturday September 8-9, 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 September 7-10, 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 September 1, 2017
September 1, 2017 – 11:59 | Comments Off on THE WEEK’S CASES: for the week ending September 1, 2017

first published September 1, 2017 
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FELONY MURDER BASED ON THE FAILURE OF THE DEFENDANT TO ACT
This is a really crazy case, taking the felony-murder rule …[select title for full text]