<center>New Self-Study Opportunity<br>Annual MCLE Specialty Areas Seminar Recorded Live <br>Saturday, August 27, 2016<br></center>
August 26, 2016 – 12:41 | Comments Off on
New Self-Study Opportunity
Annual MCLE Specialty Areas Seminar Recorded Live
Saturday, August 27, 2016

Live Broadcast Recording – Pre-Production Version
Annual MCLE Specialty Areas Seminar

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending August 26, 2016
August 26, 2016 – 11:03 | Comments Off on THE WEEK’S CASES: for the week ending August 26, 2016

Menaster-2015-May-Cropped

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

DECLARATIONS AGAINST INTEREST
The defense sought to introduce evidence from two independent witnesses, both of whom would testify that Morris, the killer, told them that the defendant didn’t kill the victim and was surprised when he found out that the victim had been killed. Is this a declaration against interest? The rule in Leach (15 C4th 419) and Duarte (24 C4th 603) is that “any statement or portion of a statement not itself specifically disserving to the interests of the declarant” is inadmissible. The trial judge relied on that to exclude the evidence.

The Supremes rule that these statements were admissible. They say they aren’t overruling anything or changing anything, the statements just need to be understood in context. The court says that the rule turns on “Whether the statement, even if not independently inculpatory of the declarant, is nevertheless against the declarant’s interest, such that a reasonable man in [the declarant’s] position would not have made the statement unless he believed it to be true.” The court finds that the statements here, “were so disserving to his interests that a reasonable person in his position would not have made them unless they were true.”
The court says that when the declarant minimizes his guilt and lays the case off on others, that won’t qualify, while if the declarant accepts responsibility and diminishes the responsibility of others, that will qualify. The Supremes find prejudice and reverse the death verdict, though not the verdict of guilt.
People v. Grimes; S076339A; 8/22/16; Cal. Supremes

REFILING AFTER THE GRANTING OF A 1538.5 MOTION; WHERE DOES A NEW MOTION GO? [More…] »

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

New Self-Study Opportunity
Annual MCLE Specialty Areas Seminar Recorded Live
Saturday, August 27, 2016
August 26, 2016 – 12:41 | Comments Off on
New Self-Study Opportunity
Annual MCLE Specialty Areas Seminar Recorded Live
Saturday, August 27, 2016

Live Broadcast Recording – Pre-Production Version
Annual MCLE Specialty Areas Seminar

[More…] »

Breaking News Links, Criminal Justice News »

46 California Law Professors’ Letter Opposes Persky Ouster
August 25, 2016 – 11:46 | Comments Off on 46 California Law Professors’ Letter Opposes Persky Ouster
Modern stained glass window depicting the cross balancing the scales of justice as symbol of social justice

Modern stained glass window depicting the cross balancing the scales of justice as symbol of social justice

by Karen Sloan, The Recorder | July 28, 2016

A group of 46 California law professors—including several prominent deans and former deans—have issued a letter opposing the campaign to recall Santa Clara Superior Court Judge Aaron Persky.

Erwin Chemerinsky, dean of the University of California, Irvine School of Law; Herma Hill Kay, former dean of the University of California, Berkeley School of Law; and Bryant Garth, former dean of Southwestern Law School, are among the legal academics who called judicial recalls “a serious threat to the rule of law.”

The letter is in reaction to a push to recall Persky, led by Stanford Law School professor Michele Dauber, for what critics see as a too-lenient six-month jail sentence for Brock Turner, a Stanford undergraduate convicted of sexual assault. Persky’s June 2 decision sparked debate on the Palo Alto campus with law faculty and students weighing in on both sides. Dauber, who has taught at Stanford since 2001, has been a vocal advocate of stronger campus sexual assault policies.

The July 28 letter sent to San Jose Mercury News shows that the wider legal academy is also divided over the use of the recall process to police judges. Signatories include 12 who teach at Stanford Law along with professors from nine other schools in California.

Full Recorder news article at this location: http://defender411.us/2bjGLOL

TEXT OF LETTER INCLUDED BELOW. [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: July-August 2016
August 18, 2016 – 18:50 | Comments Off on Criminal Law Case Summaries: July-August 2016

Mandinach

Criminal Law Case Summaries: June-July 2016

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

1. People v. Frierson (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7352, the Second Appellate District, Division 2 held that the trial court did not err in denying the defendant’s petition for resentencing under Proposition 36, section 1170.126. The Court of Appeal found that the defendant’s third strike, a violation of section 646.9, stalking, in this case was a serious felony as he had the intent to do great bodily harm to the victim, as evidenced by some statements that he had made. This court found that the trial court may examine all relevant, reliable and admissible material in the record to determine the existence of a disqualifying factor. Where the prosecution contends that the defendant is ineligible for resentencing as the strike or some other circumstance disqualifies the defendant for such relief, the burden to prove the disqualification is a preponderance of the evidence, and not beyond a reasonable doubt as stated in People v. Arevalo (2016) 244 Cal.App.4th 846, 852-853.

2. People v. Salmorin (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7328, the Second Appellate District, Division 7, held consistent with People v. Hoffman (2015) 241 Cal.App.4th 1304, that the trial court erred in aggregating the amounts on multiple checks; as a result of the trial court’s error, the defendant was ineligible for reduction of his forgery count, because the aggregate amount was over $950. Based on the language of section 473, subdivision (b), it is the value of “the check” or “a note,” etc. that determines if the amount of the forgery is over $950, not the aggregate of more that one check etc. Additionally, the court held that the Bailey doctrine (People v. Bailey (1961) 55 Cal.2d 514 [which applies to thefts]), does not extend to forgery. (See People v. Neder (1971) 16 Cal.App.3d 846, 852; see also People v. Whitmer (2014) 59 Cal.4th 733.)

3. People v. Fuentes (2016) Cal.4th , reported on July 22, 2016, in 2016 Los Angeles Daily Journal 7410, the California Supreme Court held that when [More…] »

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

A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
August 16, 2016 – 20:08 | Comments Off on A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016

The California Public Defenders Association presents…

A Criminal Defense Practice Seminar in Palm Springs!

Saturday, October 22, 2016

At The DoubleTree Golf Resort Palm Springs

67967 Vista Chino, Cathedral City, California 92234

For Lodging see below – discount lodging cut-off date is almost here.

Program Coordinators:

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

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 Criminal Defense. 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 21, 2016.

PROGRAM SCHEDULE – SATURDAY, OCTOBER 22, 2016 S-565

8:30 a.m. Litigating Fingerprint Evidence Using – What`s New in the World of Forensic Science

–> Jennifer Friedman, Deputy Public Defender, Los Angeles County

9:45 a.m. Strategic Negotiations

–> Geoffrey Canty, Deputy Public Defender, San Bernardino, County

11:00 a.m. Break [More…] »

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

Annual Homicide Defense Practice Seminar Friday & Saturday September 16-17, 2016 – Berkeley!
August 10, 2016 – 17:47 | Comments Off on Annual Homicide Defense Practice Seminar Friday & Saturday September 16-17, 2016 – Berkeley!

berkeley-02
The California Public Defenders Association presents…

Annual Homicide Defense Practice Seminar

Friday & Saturday September 16-17, 2016

At The Berkeley Marina DoubleTree Hilton
200 Marina Blvd, Berkeley, California 94710

For Lodging see below

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 six 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 Homicide Law from a Defense Perspective, Video Evidence, Use of Experts, Cold Cases, Natural and Probable Consequences! CPDA has also reserved a block of lodging rooms at the Berkeley Marina Hotel at a special rate. You can obtain lodging reservations via the Internet, see elsewhere on this notice for the Internet link. Discounted lodging cut-off date is August 26, 2016.

PROGRAM SCHEDULE – HOMICIDE DEFENSE PRACTICE – S564

DAY ONE – FRIDAY SEPTEMBER 16, 2016

12:00 p.m. Registration/Check In, Soft Drinks & Chips

1:00 p.m. Homicide Law from a Defense Perspective – Charles Denton, Assistant Public Defender, Alameda County

2:30 p.m. Break

2:45 p.m. “When Video Evidence is More Than What it Shows” – Rebecca Young, Deputy Public Defender, San Francisco County

4:15 p.m. Conclusion of Day One

DAY TWO – SATURDAY SEPTEMBER 17, 2016

8:30 a.m. Registration / Check In [More…] »

Continuing Legal Education - CPDA, MCLE Events - CPDA, Self-Study »

New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
July 26, 2016 – 09:07 | Comments Off on
New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute

The 45th Annual Basic Trial Skills Institute

tv-on-laptop

Tuesday, July 25 – Friday, July 29, 2016

The entire CPDA Calendar of Events page is located HERE

Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, Attorney at Law, San Francisco, California
Bart Sheela, Deputy Alternate Public Defender, San Diego
Featuring Dozens of Experienced Criminal Defense Trial Attorneys
as Faculty Members and Speakers, including:
Juliana Humphrey, Kathleen Cannon, Stephen Prekoski, Susan Leff, Bart Sheela, Chuck Denton, Carmen Aguirre, Kathleen Pozzi, Corey Farris, Keri Klein, W. Gregory Klein, Bryna Holland, Traci Owens, Rodrigo Curbelo, Matt Sotorosen, Kwixuan Maloof, Kate Braner, Richard Briones-Colman, Lewis Romero, Garrick Byers, Souley Diallo, Richard Gates, Matthew Darling, Frank Bittar, Allison Zuvela, Jeff Chambliss, Jenny Andrews, Whitney Antrim, Denis Lainez, Mickey Sampson, Brendon Woods, Yahairah Aristy, Susan Israel, Sarah Shekhter, Laura Arnold, Jill Kovaly, Lesli Caldwell, Felicia Carrington,
Amy Viera, Pedro Oliveras, Sam Eaton, and Les McMillan.

See below for the exact time schedule for topics and speakers.
(Note: You must log in to view this members-only content below (see login box on upper right panel of this page)

[More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: May-June 2016
June 23, 2016 – 22:37 | Comments Off on Criminal Law Case Summaries: May-June 2016

Mandinach

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

1. In re Ivan N. (2016) Cal.App.4th , reported on May 23, 2016, in 2016 Los Angeles Daily Journal 4775, the Fourth Appellate District, Division 1 held that the juvenile court did not err in failing to conduct an additional hearing regarding his educational preferences as a “foster child,” after he was adjudication a ward of the court under Welfare and Institutions Code section 602, and a dispositional order made under Welfare and Institutions Code section 727. Neither Education Code section 48853.5 which requires consideration of a preference by a “foster child” or other minor subject to the auspices of the juvenile court to continue attending the minor’s school of origin, nor Rule of Court, Rule 5.651(a) or 5.790, requires the juvenile court to conduct an additional hearing, in a case where the court has issued a dispositional order requiring community-based treatment (see Ed. Code ‘ 48645.1) and potentially resulting in the minor=s placement at a juvenile court school, to determine whether the minor could be returned to his high school of origin after he received a short period of such treatment. (See In re Angela M. (2003) 111 Cal.App.4th 1392, 1397-1399.)

2. People v. Robinson (2016) Cal.4th , reported on May 24, 2016, in 2016 Los Angeles Daily Journal 4846, the California Supreme Court held that misdemeanor sexual battery (‘ 243.4, subd. (e)(1)) is not a lesser included offense of sexual battery by misrepresentation of a professional purpose (‘ 243.4 subd. (c)) where the same evidence is required to support all elements of misdemeanor sexual battery and sexual battery by fraudulent representation, the former offense is not a lesser included offense of the latter. While it is true that every defendant who commits sexual battery by misrepresentation of professional purpose also commits misdemeanor sexual battery; the victim has been touched for a sexual purpose without consenting. However, the victim’s lack of consent arises from a particular circumstance created by the defendant’s misrepresentation. Moreover, a charge of sexual battery under section 243.4, subdivision (c) does not notify the defendant of the need to contest the consent issue on any basis other than the alleged fraudulent representation. [More…] »

Breaking News Links, Self-Study »

Defender 411 Radio
June 9, 2016 – 10:10 | Comments Off on Defender 411 Radio

radio-dial-horizonal-5

Defender 411 Radio Station.  This station includes legislative news updates, information on upcoming seminars long before they’re distributed, president’s messages, alerts regarding state bar news and calls for public comment; and other audio resources, not all of which qualifies for MCLE self-study credits (a calendar will be added that so notes those broadcasts that do, similar to Claranet 411 Radio).  News flashes and other urgent messages fo for members will interrupt any broadcast currently in progress.

[More…] »

Continuing Legal Education - CPDA, CPDA Events, MCLE Events - CPDA, Self-Study »

New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
June 4, 2016 – 04:40 | Comments Off on New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California

Recorded Live (unedited field recordings)
Final high-resolution edited version will be
online at this location in approximately 7 days

CPDA’s 8th Annual Two-Day DUI Defense Practice Institute

Monterey_Portola_01

Friday & Saturday, June 3-4, 2016 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940

Program Coordinators:

Peter L. Arian, Attorney at Law, San Anselmo, California

Bruce Kapsack, Attorney at Law, Oakland, California

Jose Varela, Marin County Public Defender

Friday (Recorded), June 3, 2016

Saturday (Recorded), June 4, 2016|

[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: July-August 2016
August 18, 2016 – 18:50 | Comments Off on Criminal Law Case Summaries: July-August 2016
Criminal Law Case Summaries: July-August 2016

Criminal Law Case Summaries: June-July 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Frierson (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7352, …[select title for full text]

New Self-Study Opportunity
Annual MCLE Specialty Areas Seminar Recorded Live
Saturday, August 27, 2016
August 26, 2016 – 12:41 | Comments Off on
New Self-Study Opportunity
Annual MCLE Specialty Areas Seminar Recorded Live
Saturday, August 27, 2016
<center>New Self-Study Opportunity<br>Annual MCLE Specialty Areas Seminar Recorded Live <br>Saturday, August 27, 2016<br></center>

Live Broadcast Recording – Pre-Production Version
Annual MCLE Specialty Areas Seminar

THE WEEK’S CASES: for the week ending August 26, 2016
August 26, 2016 – 11:03 | Comments Off on THE WEEK’S CASES: for the week ending August 26, 2016
THE WEEK’S CASES: for the week ending August 26, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DECLARATIONS AGAINST INTEREST
The defense sought to introduce evidence from two independent witnesses, both of whom would testify that Morris, the killer, told them that …[select title for full text]

46 California Law Professors’ Letter Opposes Persky Ouster
August 25, 2016 – 11:46 | Comments Off on 46 California Law Professors’ Letter Opposes Persky Ouster
46 California Law Professors’ Letter Opposes Persky Ouster

by Karen Sloan, The Recorder | July 28, 2016
A group of 46 California law professors—including several prominent deans and former deans—have issued a letter opposing the campaign to recall Santa Clara Superior Court Judge Aaron …[select title for full text]

A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
August 16, 2016 – 20:08 | Comments Off on A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016
A Criminal Defense Practice Seminar in Palm Springs – Saturday, October 22, 2016

The California Public Defenders Association presents…
A Criminal Defense Practice Seminar in Palm Springs!
Saturday, October 22, 2016
At The DoubleTree Golf Resort Palm Springs
67967 Vista Chino, Cathedral City, California 92234
For Lodging see below – discount lodging cut-off …[select title for full text]

Annual Homicide Defense Practice Seminar Friday & Saturday September 16-17, 2016 – Berkeley!
August 10, 2016 – 17:47 | Comments Off on Annual Homicide Defense Practice Seminar Friday & Saturday September 16-17, 2016 – Berkeley!
Annual Homicide Defense Practice Seminar Friday & Saturday September 16-17, 2016 – Berkeley!

The California Public Defenders Association presents…
Annual Homicide Defense Practice Seminar
Friday & Saturday September 16-17, 2016
At The Berkeley Marina DoubleTree Hilton
200 Marina Blvd, Berkeley, California 94710
For Lodging see below
Program Coordinators:
Kathleen Cannon, Attorney at Law, Vista, California
Bart …[select title for full text]

New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
July 26, 2016 – 09:07 | Comments Off on
New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
<center>New Self-Study Video<br> July 26 – July 29, 2016<br>The 45th Annual Basic Trial Skills Institute</center>

The 45th Annual Basic Trial Skills Institute

Tuesday, July 25 – Friday, July 29, 2016
The entire CPDA Calendar of Events page is located HERE
Program Coordinators:Kathleen Cannon, Attorney at Law, Vista, California
Susan Leff, Attorney at Law, San …[select title for full text]

Criminal Law Case Summaries: May-June 2016
June 23, 2016 – 22:37 | Comments Off on Criminal Law Case Summaries: May-June 2016
Criminal Law Case Summaries: May-June 2016

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re Ivan N. (2016) Cal.App.4th , reported on May 23, 2016, in 2016 Los Angeles Daily Journal 4775, the Fourth Appellate District, …[select title for full text]

Defender 411 Radio
June 9, 2016 – 10:10 | Comments Off on Defender 411 Radio
Defender 411 Radio

Defender 411 Radio Station.  This station includes legislative news updates, information on upcoming seminars long before they’re distributed, president’s messages, alerts regarding state bar news and calls for public comment; and other audio resources, not …[select title for full text]

New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
June 4, 2016 – 04:40 | Comments Off on New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California
New Self-Study Video: 2016 Annual DUI Defense Practice Institute – Entire Program – Recorded June 3-4, 2016, Monterey, California

Recorded Live (unedited field recordings)
Final high-resolution edited version will be
online at this location in approximately 7 days
CPDA’s 8th Annual Two-Day DUI Defense Practice Institute

Friday & Saturday, June 3-4, 2016 at The Portola Hotel and Spa
Two Portola …[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]

Protected: Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016, Seminar course materials and follow-up materials in electronic format – for program registrants – If you are registered to attend, you will receive an email with the passcode Thurs., 8/25/2016
August 24, 2016 – 12:42 | Comments Off on Protected: Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016, Seminar course materials and follow-up materials in electronic format – for program registrants – If you are registered to attend, you will receive an email with the passcode Thurs., 8/25/2016
Protected: Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016, Seminar course materials and follow-up materials in electronic format – for program registrants – If you are registered to attend, you will receive an email with the passcode Thurs., 8/25/2016

There is no excerpt because this is a protected post.

The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format
August 24, 2016 – 12:29 | Comments Off on The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format
The 45th Annual Basic Trial Skills Institute – July 25 – July 29, 2016, Seminar course materials and follow-up materials in electronic format

 Seminar course materials and follow-up materials in electronic format
Note: The files for this course will be uploaded here over the dates of July 20-25, 2016 (done)

Seminar course materials and follow-up materials in electronic format

THE WEEK’S CASES: for the week ending August 19, 2016
August 19, 2016 – 09:27 | Comments Off on THE WEEK’S CASES: for the week ending August 19, 2016
THE WEEK’S CASES: for the week ending August 19, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
VETERANS’ DIVERSION AND DRIVING UNDER THE INFLUENCE CHARGES
VC 23640 says that courts can’t stay or suspend proceedings to allow DUI defendants to attend programs. …[select title for full text]

THE WEEK’S CASES: for the week ending August 12, 2016
August 12, 2016 – 12:17 | Comments Off on THE WEEK’S CASES: for the week ending August 12, 2016
THE WEEK’S CASES: for the week ending August 12, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY REVERSED FOR IMPROPERLY KICKING OFF A HOLDOUT JUROR
The Cal. Supremes reverse this death penalty case, including reversing the guilty verdict, for improperly …[select title for full text]

Criminal Law Case Summaries: June-July 2016
August 8, 2016 – 09:16 | Comments Off on Criminal Law Case Summaries: June-July 2016
Criminal Law Case Summaries: June-July 2016

Criminal Law Case Summaries: June-July 2016
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. Utah v. Strieff (2016) U.S. , reported on June 21, 2016, in 2016 Los Angeles Daily Journal 5920, …[select title for full text]

THE WEEK’S CASES: for the week ending August 5, 2016
August 5, 2016 – 16:56 | Comments Off on THE WEEK’S CASES: for the week ending August 5, 2016
THE WEEK’S CASES: for the week ending August 5, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JURISDICTION TO HEAR A PROP. 47 PETITION WHEN A CASE IS TRANSFERRED TO ANOTHER COURT
Funny intro to this Prop. 47 case: “Proposition 47 must …[select title for full text]