<center>New MCLE seminar set for <br>Saturday, December 2, 2017<br>Defending SVP Cases</center>
November 11, 2017 – 07:16 | Comments Off on
New MCLE seminar set for
Saturday, December 2, 2017
Defending SVP Cases

The California Public Defenders Association presents…
Defending SVP Cases
Saturday, December 2, 2017
At The San Diego Mission Bay Hilton Resort Hotel
1775 E. Mission Bay Drive, San Diego, California 92109
Program Coordinators:
Laura Arnold, Deputy Public Defender, Riverside …[select title for full text]

More... »
Breaking News Links
Case Digests
Criminal Justice News
MCLE Events – CPDA
Self-Study

Case Digests, The Week's Cases »

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 was insufficient to support the gang enhancement allegation. The trial judge denied the motion, saying that the judge can’t reweigh the evidence presented at the trial. But this is wrong. This is the so-called 13th juror rule. On a motion for new trial on insufficiency of the evidence, the judge is required to reweigh the evidence. The judge must independently evaluate the evidence, including credibility, to determine whether the evidence is sufficient to uphold the verdict. The C/A reverses the gang enhancement allegation.
People v. Watts; B270324; 11/14/17; C/A 2nd, Div. 1

INVENTORY SEARCHES AND AUTOMOBILE SEARCHES BASED ON PROBABLE CAUSE
When the police impound a car, they can conduct an inventory search of its contents, but only pursuant to a standard inventory policy. (Bertine, 479 US 367; Wells, 495 US 1.) The police impounded the car here and then conducted quite an inventory search, removing the dashboard console to find meth between the air conditioning ducts and the radio. The C/A agrees that this search violated the inventory search restrictions, because the Sheriff’s inventory policy only permitted searches of closed containers and of places in a vehicle where people commonly put items of value. A concealed area behind the dashboard is not [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: September-October 2017
October 29, 2017 – 19:11 | Comments Off on Criminal Law Case Summaries: September-October 2017

Mandinach

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

1. In re N.R. (2017) Cal.App.5th , reported on September 22, 2017, in 2107 Los Angeles Daily Journal 9303, the Second Appellate District, Division 6 held that the juvenile court did not abuse its discretion when it terminated a deferred entry of judgment (DEJ) disposition where the minor decided to discontinue his high school education. The Court of Appeal found that there was a correlation between education and future criminality; therefore, the court could reasonably find that the minor had not substantially complied with the terms of his probation as such that he was ineligible for a dismissal of the delinquency petition and sealing of his records under Welfare and Institutions Code section 786.

2. People v. Trujillo (2017) Cal.App.5th , reported on September 25, 2017, in 2107 Los Angeles Daily Journal 9326, the Fourth Appellate District, Division 1 held that the trial court did not err when it imposed a probation condition requiring the probationer submit to a warrantless search of his electronic devices. (People v. Lent (1975) 15 Cal.3d 481.) The Court of Appeal found that it was reasonably related to preventing the probationer’s future criminality. Here, the defendant admitted committing violent offenses against innocent bystanders in two separate incidents, allegedly because of alcohol intoxication, and he was at substantial risk of reoffending due to his ongoing alcohol abuse, social isolation, family history, gang ties, and economic stress. It was not an abuse of discretion for the judge to find that the electronics-search condition was necessary to provide appropriate supervision, given these circumstances. An electronics-search condition is not unconstitutionally overbroad because the infringement on the probationer’s privacy rights is outweighed by the state’s interest in monitoring the probationer and protecting the public in the absence of evidence indicating the probationer’s electronics contain the type of private information meriting heightened protection or that a search of these devices would be more intrusive than a warrantless search of his home. The Court of Appeal also found that the condition was not overbroad under Riley v. California (2014) 573 U.S. , [134 S.Ct. 2473, 2494, 2491]. [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 – Saturday, October 28, 2017
October 28, 2017 – 18:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017

 

Defending Sexual Assault Cases

Recorded Saturday, October 28, 2017

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

[More…] »

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, 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: September-October 2017
October 29, 2017 – 19:11 | Comments Off on Criminal Law Case Summaries: September-October 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re N.R. (2017) Cal.App.5th , reported on September 22, 2017, in 2107 Los Angeles Daily Journal 9303, the Second Appellate District, Division …[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]

New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017
October 28, 2017 – 18:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Saturday, October 28, 2017

 
Defending Sexual Assault Cases
Recorded Saturday, October 28, 2017
This page first published Friday, October 27, 2017 3:33 PM

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]

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 November 10, 2017
November 10, 2017 – 13:18 | Comments Off on THE WEEK’S CASES: for the week ending November 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CHALLENGING SEARCHES AFTER A SEIZURE WITHOUT REASONABLE SUSPICION
I’ve been trying, literally for decades, to get everyone to stop using the term “standing” when referring …[select title for full text]

(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
">Protected: (For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
November 7, 2017 – 10:24 | Comments Off on Protected: (For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
"> Protected: <font color=(For Program Registrants Only)

2017 November 10-11 – 22nd Annual Felony Defense Seminar in Yosemite National Park – Course materials and supplemental course materials page.

For program registrants only – Pre-Registrants will receive an email with the passcode on Wednesday afternoon, Nov. 8, 2017
" class="left" width="80" height="80" />

There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending November 3, 2017
November 3, 2017 – 21:53 | Comments Off on THE WEEK’S CASES: for the week ending November 3, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FAILURE TO DISCLOSE VIDEOTAPE OF MIRANDA INVOCATION WAS BRADY ERROR
Great case. The interrogating police officer testified that the defendant waived his Miranda rights. The …[select title for full text]

THE WEEK’S CASES: for the week ending October 27, 2017
October 27, 2017 – 06:25 | Comments Off on THE WEEK’S CASES: for the week ending October 27, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
USING CASE-SPECIFIC HEARSAY TO IMPEACH A DEFENSE EXPERT
A Sanchez (63 C4 665) case with a twist. In Sanchez, the Cal. Supremes held, “When any …[select title for full text]

">Protected: Defending Sexual Assault Cases Seminar – Saturday, October 28, 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, October 27, 2017
October 26, 2017 – 10:08 | Comments Off on Protected: Defending Sexual Assault Cases Seminar – Saturday, October 28, 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, October 27, 2017
">

There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending October 20, 2017
October 20, 2017 – 11:49 | Comments Off on THE WEEK’S CASES: for the week ending October 20, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 36 3-STRIKES AND GOOD CAUSE TO FAIL TO FILE FOR RELIEF ON TIME
This is a Prop. 36 3-Strikes case. I haven’t seen this …[select title for full text]