September 18, 2017 – 08:34 | Comments Off on New Sonoma County court system leaves public defender frustrated

KGO Bay Area News Channel 7 – By Wayne Freedman | Sunday, September 17, 2017
SANTA ROSA, Calif. (KGO) — (see link to video clip below)
Sonoma County Deputy Public Defender Michael Perry rarely has spare moments …[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 September 15, 2017
September 16, 2017 – 11:19 | Comments Off on THE WEEK’S CASES: for the week ending September 15, 2017

Menaster-2015-May-Cropped

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 take a blood test, and a sample would be retained, and the crime lab would test the blood for alcohol. The defendant selected the blood test. We don’t know what the blood alcohol result was but presumably it was low, because the blood was then tested for drugs and came back positive. The defendant was charged with driving under the combined influence of alcohol and drugs. The San Diego Superior Court Appellate Division rules that the test for drugs was illegal. The defendant gave a limited consent to test for alcohol, so there was no consent to test for drugs. But wait, does the defense get suppression? The DA argues good faith. The Appellate Division finds “that the secondary testing for drugs was a procedural recurring or systematic failure by the law enforcement agency’s personnel to abide by the Fourth Amendment,” and suppresses the results of the drug test.
People v. Pickard; CA269335; 6/30/17; San Diego Superior Court Appellate Division

DISCOVERY OF WITNESS INTERVIEWS CONDUCTED BY CO-COUNSEL
A codefendant’s lawyer interviewed a witness. The codefendant pled. The other defendant sought discovery of that interview. The discovery statutes don’t provide for compelled discovery between codefendants: “no provision in the statutory scheme governing criminal discovery explicitly or even impliedly requires one codefendant to disclose any evidence to another codefendant.” (Thompson, 1 C5th 1043, 1094.) But apart from core work product (the attorney’s impressions of the witness), witness interviews are only entitled to qualified work product protection. Discovery of qualified work product can be compelled on a showing of good cause, which this C/A says means a showing of injustice or unfair prejudice. A showing that there is no other source for the information is an important factor though not always required. The C/A finds that here the defendant failed to make a showing of good cause. Note that this C/A restates the rule that the defense is not required to disclose interviews of prosecution witnesses to the prosecutor that the defense intends to use to impeach those witnesses.
People v. Hunter; G051942; 9/11/17; C/A 4th, Div. 3

INVENTORY SEARCHES AND INEVITABLE DISCOVERY
The police stopped the defendant’s car for a traffic violation and then arrested him for a domestic violence incident that had occurred previously. A search of the defendant’s car resulted in the officer finding a baton, possession of which is illegal under PC 22210. The police can only conduct an inventory search of a vehicle if the police have a preexisting inventory procedure and they follow that procedure. (Williams, 20 C4th 119.) Here the DA presented evidence of an inventory procedure which would [More…] »

Continuing Legal Education - CPDA, Criminal Defense Practice Resources, Featured Materials from Past CPDA Seminars, MCLE Events - CPDA »

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

books-electronic-06

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 DEFENDERS ASSOCIATION
Presents

Annual Homicide Defense Practice Seminar
Course Materials Page

Friday & Saturday September 8-9, 2017
At The Kona Kai Marina Hotel, 1551 Shelter Island Drive, San Diego, California 92106

Seminar course materials and follow-up materials in electronic format

Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, California
Bart Sheela, Deputy Alternate Public Defender, San Diego County

This year’s Annual Homicide Defense Seminar will provide you with over seven hours of continuing legal education participatory credits, by addressing some very important aspects in the defense of homicide cases. We will cover important topics that include Selecting a Jury, Mental Defenses, Natural and Probable Consequences, Winning a Homicide, and Creative Investigation.

First published September 5, 2017 for registrants/attendees of the September 8-9, 2017

 

File links below include links to two types of resource files:

1. Files received and included in the printed course booklet distributed on the day of the program.  These materials are also posted here in the form of an electronic version of the course booklet.  The e-booklet is usually posted here within a few days following the conclusion of the program in question.
2. Files received too late to be included in the course booklet.  All booklets are produced in-house 48 hours before the date of the program and a submission deadline for all speakers several days before the print date. Therefore, if the materials didn’t make into the syllabus, they were received long after the deadline for submission of written materials. Additionally, please also note that CPDA’s training committee members and program coordinators urge all presenters to submit written materials.

 

PROGRAM SCHEDULE – S575

DAY ONE – FRIDAY – SEPTEMBER 8, 2017

[More…] »

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…] »

Breaking News Links, Criminal Justice News »

New Sonoma County court system leaves public defender frustrated
September 18, 2017 – 08:34 | Comments Off on New Sonoma County court system leaves public defender frustrated

KGO Bay Area News Channel 7 – By Wayne Freedman | Sunday, September 17, 2017

SANTA ROSA, Calif. (KGO) — (see link to video clip below)

Sonoma County Deputy Public Defender Michael Perry rarely has spare moments in his busy workday. Since late August, a computer program designed to ease his workload stolen away even more of them.

“On a scale of one to 10, what is your level of frustration?” I asked.

“High. Call it a seven,” he responded.

Blame a $2.5 million, state-imposed computer court program called Odyssey that has severely slowed the Sonoma County Court System.

“We’re roughly 3,000 cases behind,” said Perry.

And, he noted, his office loses more ground every day because clerks must enter the data by hand and walk important paper documents from one department to another.

“The old system was integrated and more efficient. So, when the court entered something I could see it immediately,” said Perry. “Now it could take days – if we’re lucky.”

He compared it to flying blind, in some cases.

Use this link for the full story on KGO’s website: http://abc7news.com/technology/new-sonoma-county-court-system-leaves-public-defender-frustrated/2426491/

 

 

 

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]

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]

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]

California – 2017 Cumulative Legislative Update Through September 12, 2017
September 12, 2017 – 16:07 | Comments Off on California – 2017 Cumulative Legislative Update Through September 12, 2017
California – 2017 Cumulative Legislative Update Through September 12, 2017

Legislative Update for Tuesday, September 12, 2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
– AB 242 by Assemblymember Joaquin Arambula (D-Fresno) – Certificates of death: veterans.
– AB …[select title for full text]

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
September 12, 2017 – 10:45 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

Most recent update: September 12, 2017 | 10:45 am| First published October 30, 2014.  Updated as additional documents become available.
This Proposition 47 Resource Center will be seeing many resources added over the next few weeks, so …[select title for full text]

Proposition 57 Resources
September 11, 2017 – 08:30 | Comments Off on Proposition 57 Resources

Most recent update: September 11, 2017 | 8:30 a.m.
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 …[select title for full text]

New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
September 9, 2017 – 13:37 | Comments Off on New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego

Homicide Defense Practice
Recorded: Friday & Saturday, September 8-9, 2017
This page first published Thursday, Sept. 7, 2017 3:15 pm  | Last updated:  Sept. 9, 2017 | 3:34 pm

CHEERLEADER THROWN THROUGH THIRD STORY WINDOW ACQUITTED OF FELONIES
September 8, 2017 – 13:46 | Comments Off on CHEERLEADER THROWN THROUGH THIRD STORY WINDOW ACQUITTED OF FELONIES
CHEERLEADER THROWN THROUGH THIRD STORY WINDOW ACQUITTED OF FELONIES

(SAN FRANCISCO, CA) — A former San Francisco State University cheerleader thrown through the glass window of a high rise dorm was acquitted of a slew of felony charges after a jury determined he stabbed …[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]