Defender411 Capitol Report – CPDA Legislative Committee Updates
April 19, 2018 – 11:27 | Comments Off on Defender411 Capitol Report – CPDA Legislative Committee Updates

 New: Senate Public Safety Committee – Tuesday, April 17, 2018. Duration: 03h 41m  | May require forwarding to approx 10 minutes into the video before the hearing begins.

 

New: Assembly Public Safety Committee – Tuesday, April …[select title for full text]

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending April 13, 2018
April 14, 2018 – 10:59 | Comments Off on THE WEEK’S CASES: for the week ending April 13, 2018

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

COMMITMENTS TO DJF ARE PERMITTED ONLY ON A SHOWING DJF HAS A PROGRAM FOR THE MINOR
Wow, big deal case. WIC (734) says that a judge isn’t supposed to commit a minor to DJF (formerly CYA, formerly DJJ) unless the judge “is fully satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefitted by the reformatory educational discipline or other treatment provided by” DJF. This requirement has been in the code pretty much forever. Judges just recite these words and that’s always been OK. Until now. This C/A reverses, holding, “Because there is no specific information in the record regarding the programs at the DJF, we hold that no substantial evidence supports the juvenile court’s finding of probable benefit from the commitment.” The AG argues that there was such information because the probation report said there was. But that was just a conclusion. The C/A expects probation to identify the programs in DJF that will address the minor’s need. The C/A discusses the burdens of proof. If the defense raises issues about the programs claimed by probation, the DA will have to respond by providing more in-depth information about the DJF programs. So a court has finally insisted that if we’re going to claim we’re rehabilitating minors, not just locking them up, something actually has to show that. It’ll be interesting to see if this stands up.
In re Carlos J.; A151369; 4/10/18; C/A 1st, Div. 5

PROSECUTION 170.6 CHALLENGE IS UNTIMELY ON A REFILED CASE
The judge granted several defense motions and the DA announced unable to proceed, so the case was dismissed. The DA refiled the next day. Eventually, the case was assigned to the same judge for trial. The DA promptly filed a CCP 170.6 challenge. The C/A rules that the challenge was untimely. Why? “Because the record before us discloses a clear effort by the District Attorney to avoid [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: February-March 2018
March 22, 2018 – 19:29 | Comments Off on Criminal Law Case Summaries: February-March 2018

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

1. People v. Tran (2018) Cal.App.5th , reported on February 21, 2018, in 2018 Los Angeles Daily Journal 1564, the Fourth Appellate District, Division 3 held that in a murder case involving defendants who were responsible for firing a hail of bullets at a vehicle with multiple occupants, a “kill zone” instruction was warranted. Any error in the wording of the trial court’s kill zone instruction was harmless where the kill zone instruction was repetitive in terms of conveying that requirement in that it required the jury to find the defendant had intended to kill the primary target and a secondary victim of the gun fire. The Court of Appeal also held that the matter should be remanded to the trial court for the defendant, who was 16 at the time of the offense, to make a record of information that will be relevant to his youthful parole hearing in 25 years. The defendant was convicted of second degree murder, and a gun enhancement under section 12022.53, subdivision (d), for a sentence of 40-L. (See People v. Franklin (2016) 63 Cal.4th 261; § 3051.)

2. People v. Marsh (2018) Cal.App.5th , reported on February 23, 2018, in 2018 Los Angeles Daily Journal 1682, the Third Appellate District held that while California case law has embraced the science of adolescent mental development as a basis for constitutionally ameliorating the punishment of juveniles, this precedent does not require the application of the same scientific research to sanity determinations of juveniles as a matter of due process and the bar against disproportionate punishment, with the consequence that “irresistible impulse” must be the standard for sanity. (See Clark v. Arizona (2006) 548 U.S. 735, 752-753.)

3. People v. Wolfe (2018) Cal.App.5th , reported on February 23, 2018, in 2018 Los Angeles Daily Journal 1686, the Fourth Appellate District, Division 3 held that there was sufficient evidence to support the defendant’s conviction for implied malice murder, (Watson murder People v. Watson (1981) 30 Cal.3d 290), where she killed a pedestrian while driving with a blood-alcohol level [More…] »

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

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…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules / Newly Published Major Cases »

Defender411 Capitol Report – CPDA Legislative Committee Updates
April 19, 2018 – 11:27 | Comments Off on Defender411 Capitol Report – CPDA Legislative Committee Updates



 New: Senate Public Safety Committee – Tuesday, April 17, 2018. Duration: 03h 41m  | May require forwarding to approx 10 minutes into the video before the hearing begins.


 


New: Assembly Public Safety Committee – Tuesday, April 17, 2018. Duration: 03h 24m  | May require forwarding to approx 10 minutes into the video before the hearing begins.



New: Senate Judiciary Committee – Tuesday, April 17, 2018. Duration: 04h 04m  | May require forwarding to approx 10 minutes into the video before the hearing begins.


Legislative Committee update March 19, 2018.  Highlights from the Senate Public Safety Committee hearing held on Tuesday, March 13, 2018 re: SB 978 (Bradford) re: Law Enforcement: Public Records, and SB 1025 (Skinner) re: Probation Eligibility: Controlled Substances.

[Press the play icon above to view the video]

In support of SB 978 (Bradford) – CPDA Legislative Committee member Susan Leff testifies before the Senate Public Safety Committee, Tuesday, March 13, 2018.  Approved by the committee 5-2.

 

 

 

 

 

In support of SB 1025 (Skinner) – CPDA board member Nick Stewart-Oaten provides testimony in favor of Senator Skinner’s SB 1025 which passed out of committee later that day on a final vote of 6-1.

 

 

 

 



2017 Reports

[More…] »

THE WEEK’S CASES: for the week ending April 13, 2018
April 14, 2018 – 10:59 | Comments Off on THE WEEK’S CASES: for the week ending April 13, 2018
THE WEEK’S CASES: for the week ending April 13, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
COMMITMENTS TO DJF ARE PERMITTED ONLY ON A SHOWING DJF HAS A PROGRAM FOR THE MINOR
Wow, big deal case. WIC (734) says that a …[select title for full text]

Criminal Law Case Summaries: February-March 2018
March 22, 2018 – 19:29 | Comments Off on Criminal Law Case Summaries: February-March 2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Tran (2018) Cal.App.5th , reported on February 21, 2018, in 2018 Los Angeles Daily Journal 1564, the Fourth Appellate District, Division …[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]

10th Annual Two-Day DUI Defense Practice Institute – Fri. & Sat., June 1-2 – Monterey
April 11, 2018 – 08:47 | Comments Off on 10th Annual Two-Day DUI Defense Practice Institute – Fri. & Sat., June 1-2 – Monterey
10th Annual Two-Day DUI Defense Practice Institute – Fri. & Sat., June 1-2 – Monterey

CPDA’s 10th Annual Two-Day DUI Defense Practice Institute
Friday & Saturday, June 1-2, 2018 at the Monterey Tides Beach Resort
2600 Sand Dunes Drive, Monterey, California 93940
Program Coordinators:
Bruce Kapsack, Attorney at Law, San Francisco, California
Jose Varela, Marin County …[select title for full text]

A Brief Discussion of California Law Controlling Disclosure of Juvenile Information
April 10, 2018 – 19:54 | Comments Off on A Brief Discussion of California Law Controlling Disclosure of Juvenile Information

DOWNLOAD a copy of this document in PDF format:  Confidentiality-of-Juvenile-Information_041018.pdf

DOWNLOAD a copy of this document in PDF format: JV5708.pdf

THE WEEK’S CASES: for the week ending April 6, 2018
April 7, 2018 – 08:00 | Comments Off on THE WEEK’S CASES: for the week ending April 6, 2018
THE WEEK’S CASES: for the week ending April 6, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REQUIRING DNA SWABS ON ALL FELONY ARRESTEES
In Maryland v. King (133 S.Ct. 1958), the US Supremes upheld a Maryland law providing that anyone arrested …[select title for full text]

California – 2018 Cumulative Legislative Update Through April 6, 2018
April 6, 2018 – 14:17 | Comments Off on California – 2018 Cumulative Legislative Update Through April 6, 2018
California – 2018 Cumulative Legislative Update Through April 6,  2018

Legislative Update for Apr 06, 2018

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bill:
– AB 1694 by Assemblymember Mark Stone (D-Scotts Valley) – Foster care payments: income.
For full text of the bills, …[select title for full text]

Invitations To Comment: Proposals for Changes to Cal. Rules of Court and Judicial Council Forms
April 6, 2018 – 12:20 | Comments Off on Invitations To Comment: Proposals for Changes to Cal. Rules of Court and Judicial Council Forms

Comments sought:

Thirty-six (36) new proposals to amend the California Rules of Court, Judicial Council forms and legislation have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.
The list below provides a summary of the …[select title for full text]

Employment Opportunity: Public Defender, County of Shasta, California
April 5, 2018 – 11:20 | Comments Off on Employment Opportunity: Public Defender, County of Shasta, California

DOWNLOAD a copy of the formal brochure in PDF format: Shasta_County_Public Defender _040118_Publisher.pdf