California – 2016 Cumulative Legislative Update below includes new posts through August 22, 2016
August 22, 2016 – 11:07 | Comments Off on California – 2016 Cumulative Legislative Update below includes new posts through August 22, 2016

8-22-2016
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
AB 364 by Assemblymember Mike A. Gipson (D-Carson) – Horse racing: advance deposit wagering.
AB 629 by Assemblymember Lorena Gonzalez (D-San …[select title for full text]

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Case Digests, The Week's Cases »

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

Menaster-2015-May-Cropped

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. In 2014, the Legislature enacted PC 1001.80, providing for diversion in all misdemeanors for veterans suffering from mental health issues as a result of their service. This C/A thinks that the two conflict. They invoke the rule that specific statutes control over general, hold that 23640 is more specific, and conclude that veterans charged with DUIs can’t get diversion. We think that the diversion statute is more specific. In any event, we’re not dead here. This week a case was argued in the LA C/A on this same issue. I’m predicting a published decision in our favor in that case. Soon.
People v. VanVleck; D069893; 8/11/16; C/A 4th, Div. 1

SUPREMES REVERSE DEATH VERDICT: IMPROPERLY INTERVENING IN THE JURY’S DELIBERATIONS [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…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

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

Mandinach

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, the United States Supreme Court held that, following an illegal stop, no probable cause to stop the defendant, the officer discovered an arrest warrant and then seized the drugs from the defendant’s pocket, and as a result of the search incident to arrest, it became admissible. The majority concluded that there was no flagrant police misconduct and the officer=s discovery, between the time of the stop and the subsequent arrest, of a valid, pre-existing, and untainted arrest warrant attenuated the connection between the stop and the evidence seized incident to a lawful arrest. The dissent, penned by Justice Sotomayor, argued that “When we condone officers’ use of these devices without adequate cause, we give them reason to target pedestrians in an arbitrary manner. We also risk treating members of our communities as second-class citizens.” She continued that being stopped on the street is more than a small “indignity.” The officer can search a citizens’ bag, order him or her to stand “helpless,” perhaps even conduct a “frisk.” “This involves more than just a pat down. As onlookers pass by, the officer may ‘feel with sensitive fingers every portion of (your) body. A thorough search (may) be made of (your) arms and armpits, waistline and back, the groin and area about the testicles, and entire surface of the legs down to the feet.'”

2. Taylor v. United States (2016) U.S. , reported on June 21, 2016, in 2016 Los Angeles Daily Journal 5936, the United States Supreme Court held that the elements for a Hobbs Act prosecution where satisfied where in a robbery case the act=s “commerce element” if it shows that the defendant robbed or attempted to rob a drug dealer of drugs or drug proceeds. Even if the defendant solely targeted dealers in locally grown marijuana, the aggregate effect of drug dealing on interstate commerce is sufficient to bring such crimes under the act, which applies to any commerce “over which the United States has jurisdiction.” [More…] »

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

New Seminar set for San Diego – Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016
July 27, 2016 – 16:36 | Comments Off on New Seminar set for San Diego – Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016

The California Public Defenders Association presents…

The Annual MCLE Specialty Areas Seminar

Saturday August 27, 2016, at The Hyatt Regency Mission Bay
1441 Quivira Road, San Diego, California 92109

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

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…] »

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

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

This content is password protected. To view it please enter your password below:

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]

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]

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]

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 Seminar set for San Diego – Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016
July 27, 2016 – 16:36 | Comments Off on New Seminar set for San Diego – Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016
New Seminar set for San Diego – Annual MCLE Specialty Areas Seminar – Saturday, August 27, 2016

The California Public Defenders Association presents…
The Annual MCLE Specialty Areas Seminar
Saturday August 27, 2016, at The Hyatt Regency Mission Bay
1441 Quivira Road, San Diego, California 92109
For Lodging see below – discount lodging cut-off date is …[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]

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 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]

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]

THE WEEK’S CASES: for the week ending July 29, 2016
July 28, 2016 – 19:12 | Comments Off on THE WEEK’S CASES: for the week ending July 29, 2016
THE WEEK’S CASES: for the week ending July 29, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
POLICE DASHBOARD CAMERA VIDEO OF AN ARREST IS NOT A POLICE PERSONNEL RECORD
The officer’s police car dashboard camera recorded video of an arrest. A …[select title for full text]