New Self-Study Live Broadcast Set: Juvenile Delinquency Defense Practice – Saturday, January 20, 2018
January 18, 2018 – 16:22 | Comments Off on New Self-Study Live Broadcast Set: Juvenile Delinquency Defense Practice – Saturday, January 20, 2018

2018 Annual Juvenile Delinquency Practice MCLE Self-Study
Live broadcast set for Saturday, January 20, 2018 – 8:00 AM

Program Coordinator:
Arthur L. Bowie, Supervising Assistant Public Defender, Ret., Sacramento County

Note: The 2018 Juvenile DEPENDENCY Program page can be …[select title for full text]

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THE WEEK’S CASES: for the week ending January 19, 2018
January 19, 2018 – 14:52 | Comments Off on THE WEEK’S CASES: for the week ending January 19, 2018

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

WHEN IS A DEFENDANT IN CUSTODY, THEREBY TRIGGERING MIRANDA?
It’s interesting that after all the years where we rarely won a Miranda motion in an appellate court, the tide has begun to turn. For example, this case. The police officer did the typical stuff police do during interrogations. The officer told the defendant he wasn’t in custody and could leave at any time, but then closed the door and spent 40 minutes interrogating the defendant in a confrontational and adversarial manner. The officer kept telling the defendant that the officer knew that the defendant was guilty and provided face-saving excuses for the conduct. The C/A finds that on these facts the defendant was in custody and Miranda was triggered. The failure to give Miranda warnings required exclusion of the resulting admission. Chuck Sevilla was appellate counsel on this fabulous win.
People v. Saldana; D071432; 1/12/18; C/A 4th, Div. 1

MASSIAH, CRAWFORD, AND ARANDA/BRUTON
In Massiah (377 US 201), the US Supremes held that statements that the government deliberately elicits from a defendant through an informant are inadmissible after the defendant’s right to counsel attaches. The informant has to be acting as a government agent. The C/A finds that even though the informant here solicited incriminating statements from the defendant, the defense must also show that the informant did so “under the government’s direction and pursuant to a preexisting [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: December-January 2017-2018
January 19, 2018 – 09:56 | Comments Off on Criminal Law Case Summaries: December-January 2017-2018

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

1. People v. Sanchez (2017) Cal.App.5th , reported on December 21, 2017, in 2017 Los Angeles Daily Journal 12026, the Fifth Appellate District held that the defendant was entitled to some constitutionally adequate process to determine his membership in a gang covered by an injunction before he could be held in contempt for violating the injunction. In 2010 the defendant was served with the injunction in question when he was 17 years old without an opportunity to be heard on the question of whether he was a covered gang member. In 2013 he was arrested and charged with misdemeanor contempt for allegedly violating the injunction.

2. People v. Gallardo (2017) Cal.5th , reported on December 22, 2017, in 2017 Los Angeles Daily Journal 12095, the California Supreme Court held that when the law imposes additional punishment based on findings about the facts underlying a defendant’s prior conviction, the Sixth Amendment contemplates that a jury, not a sentencing court, will find such facts, unanimously and beyond a reasonable doubt. (See Descamps v. United States (2013) 570 U.S. [133 S.Ct. 2276]; see also Mathis [More…] »

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New Self-Study Video – Defending SVP Cases
January 3, 2018 – 05:30 | Comments Off on New Self-Study Video – Defending SVP Cases

Defending SVP Cases – Program #S-578

Broadcast Starts: Saturday, December 2, 2017 – 8:30 AM

This page first published Friday, December 2, 2017 | 9:00 PM

[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 – 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…] »

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: December-January 2017-2018
January 19, 2018 – 09:56 | Comments Off on Criminal Law Case Summaries: December-January 2017-2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Sanchez (2017) Cal.App.5th , reported on December 21, 2017, in 2017 Los Angeles Daily Journal 12026, the Fifth Appellate District held …[select title for full text]

THE WEEK’S CASES: for the week ending January 19, 2018
January 19, 2018 – 14:52 | Comments Off on THE WEEK’S CASES: for the week ending January 19, 2018
THE WEEK’S CASES: for the week ending January 19, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WHEN IS A DEFENDANT IN CUSTODY, THEREBY TRIGGERING MIRANDA?
It’s interesting that after all the years where we rarely won a Miranda motion in an …[select title for full text]

New Self-Study Video – Defending SVP Cases
January 3, 2018 – 05:30 | Comments Off on New Self-Study Video – Defending SVP Cases

Defending SVP Cases – Program #S-578
Broadcast Starts: Saturday, December 2, 2017 – 8:30 AM
This page first published Friday, December 2, 2017 | 9:00 PM

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]

New Self-Study Live Broadcast Set: Juvenile Delinquency Defense Practice – Saturday, January 20, 2018
January 18, 2018 – 16:22 | Comments Off on New Self-Study Live Broadcast Set: Juvenile Delinquency Defense Practice – Saturday, January 20, 2018
New Self-Study Live Broadcast Set: Juvenile Delinquency Defense Practice – Saturday, January 20, 2018

2018 Annual Juvenile Delinquency Practice MCLE Self-Study
Live broadcast set for Saturday, January 20, 2018 – 8:00 AM

Program Coordinator:
Arthur L. Bowie, Supervising Assistant Public Defender, Ret., Sacramento County

Note: The 2018 Juvenile DEPENDENCY Program page can be …[select title for full text]

New Self-Study Video: 2018 Annual Juvenile Dependency Practice MCLE Self-Study – January 19, 2018
January 18, 2018 – 14:41 | Comments Off on New Self-Study Video: 2018 Annual Juvenile Dependency Practice MCLE Self-Study – January 19, 2018

Note: The edited version of this recorded seminar will be placed here for subsequent self-study viewing the first week of February 2018.  We may be able to place an unedited copy here within the next …[select title for full text]

Protected: 2018 January 19 – The 27th Annual Juvenile Dependency Practice Seminar in Monterey, California – Course materials and supplemental course materials page for registrants only
January 16, 2018 – 09:47 | Comments Off on Protected: 2018 January 19 – The 27th Annual Juvenile Dependency Practice Seminar in Monterey, California – Course materials and supplemental course materials page for registrants only
Protected: 2018 January 19 – The 27th Annual Juvenile Dependency Practice Seminar in Monterey, California – Course materials and supplemental course materials page for registrants only

There is no excerpt because this is a protected post.

Penal Code Section 29810 and the Prohibited Persons Relinquishment Form: What You Need to Know
January 15, 2018 – 18:53 | Comments Off on Penal Code Section 29810 and the Prohibited Persons Relinquishment Form: What You Need to Know

DOWNLOAD a copy of the document in PDF format: PC 29810 and PRF January 16 2018.pdf

 

THE WEEK’S CASES: for the week ending January 12, 2018
January 12, 2018 – 18:26 | Comments Off on THE WEEK’S CASES: for the week ending January 12, 2018
THE WEEK’S CASES: for the week ending January 12, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REVERSAL FOR A HEARING ON WHETHER RACISM INFECTED A DEATH VERDICT
This is an unsigned, per curiam order from the US Supremes. The defendant was …[select title for full text]