Governor Brown Announces Superior Court Appointments
May 22, 2017 – 16:43 | Comments Off on Governor Brown Announces Superior Court Appointments

Governor Brown Announces Appointments 05-22-2017
Governor Brown Appoints Laura S. Woods to Tehama County Superior Court 05-22-2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of Laura S. Woods to a judgeship in the …[select title for full text]

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending May 26, 2017
May 26, 2017 – 20:03 | Comments Off on THE WEEK’S CASES: for the week ending May 26, 2017

Menaster-2015-May-Cropped

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

RESTITUTION FOR DAMAGES IN A HIT AND RUN
Restitution for damage caused by the accident in a hit and run can be ordered as a condition of probation under Carbajal, 10 C4th 1114. In 2006, the C/A in Rubics (136 CA4 452) held that a defendant convicted of hit and run can be ordered to pay restitution for damage when the defendant is sentenced to prison. In 2014, the C/A in this case noted that a defendant sent to prison may only be ordered to pay restitution for losses caused by the criminal conduct for which he was convicted. The court pointed out that Cal. case law has consistently held that the crime of hit and run is the act of fleeing, not the accident itself. The C/A reversed the order of restitution made in this case, ruling that the defendant didn’t injure the victim by fleeing. The Supremes granted review. You’ll be stunned to hear that we still win. The Supremes agree: the crime of hit and run is fleeing, not the accident. 7-0, with Rubics disapproved. Restitution can’t be ordered for the accident, only for damage caused by the defendant fleeing.
People v. Martinez; S219970; 5/25/17; Cal. Supremes

SEARCHES OF PROBATIONERS IN CARS AND INEVITABLE DISCOVERY
In Schmitz (55 C4th 909) the Cal. Supremes dealt with a search of a car. The police searched personal items in the backseat; a parolee was a front seat passenger. The court said this was OK. This C/A applies Schmitz to probationers, saying that a probation search isn’t limited to the passenger on probation and his/her seat, but is “confined to those areas of the passenger compartment where the officer reasonably expects that the probationer could have stowed personal belongings or discarded items when aware of police activity.” The officer has to reasonably believe that the probationer owns the items or has the ability to exert control over them. The C/A then goes off on inevitable discovery to uphold the searches of bags in the car. The C/A says that the inevitable discovery rule doesn’t require certainty; the standard is whether the DA can show a “reasonable probability that [the challenged evidence] would have been procured in any event by lawful means.”
People v. Cervantes; D069959; 5/18/17; C/A 4th, Div. 1

PROP. 47 AND JUVENILE PRIORS REQUIRING REGISTRATION AS A SEX OFFENDER
A defendant is disqualified from Prop. 47 relief if the defendant was previously convicted of an enumerated sex offense, including rape. Does a juvenile wardship finding of rape disqualify a defendant from 47? Yep, said the C/A in Sledge (7 CA5th 1089). This case involves a slightly different issue, with a completely different result. The defendant here was disqualified from Prop. 47 because he has to register as a sex offender. Prop. 47 disqualifies a defendant who has to register as a sex offender under PC 290(c). But juveniles who have to register as sex offenders have to register under PC 290.008. The C/A rules that [More…] »

Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Proposition 47 of 2014 Safe Neighborhoods & Schools Act »

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
May 23, 2017 – 11:22 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
Most recent update: May 23, 2017 | 11:22 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 be sure to subscribe to the Defender411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

(Note: You must log in (over on the right side of this page) to view this members-only content (see log-in box on upper right panel of this page) If you have problems logging in, you can email tech support at claratech @ cpda.org   All practice tips and practice samples are on this site but members cannot access them until fully logged in on this site, which you may do by using the login box on the right side of this page.  If you have not renewed your membership, you can do that via this link, or you can call during business hours 1.800.538.4993 x 304 and renew by phone to gain access to this members website.   Note: The Prop. 47 analysis document is available on the front page of this site without logging in, but any sample practice documents and memos related to tips and suggestions, etc. that are written specifically for defenders are not accessible unless you log in. Also, if you have a motion, memo, etc. that you would like to share with other CPDA members, you can use this link to contribute: CPDA Members & Claranet Subscribers Upload Link

trafficI. Briefing documents related to Proposition 47 issued by defense attorneys. [More…] »

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

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:44 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program

CPDA’s 48th Annual Convention & MCLE Program

Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM

 


Traci Owens speaking at the 2017 Convention in Olympic Valley, CA


CPDA Continuing Legal Education & Training Program Coordinators:
Kathleen Cannon, Attorney at Law, Vista, California
CPDA Convention Coordinators
Traci Owens, Deputy Public Defender, Santa Clara County
Kathleen Pozzi, Public Defender, Sonoma County

 


Recorded Saturday April 29, 2017

[More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: March – April 2017
May 3, 2017 – 17:04 | Comments Off on Criminal Law Case Summaries: March – April 2017

Mandinach

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

1. People v. Garcia (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2596, the California Supreme Court held that the conditions of probation that a sex offender waive the “privilege against self-incrimination and participate in polygraph examinations,” and waive the psychotherapist-patient privilege “to enable communication between the sex offender management professional and supervising probation officer,” under section 1203.067, are not constitutionally overbroad or unreasonable. A probation condition may limit a constitutional right so long as the condition is closely tailored to its purpose. (See also Minnesota v. Murphy (1984) 465 U.S. 420.)

2. People v. Merritt (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2586, the California Supreme Court held that the failure to instruct on the elements of a charged crime, here robbery, can, under appropriate circumstances, be found to be harmless error. (See Neder v. United States (1999) 527 U.S. 1, 19 [if no rational jury could have found the missing element unproven, the error is harmless beyond a reasonable doubt]; accord People v. Flood (1998) 18 Cal.4th 470, 506.) Here, the attorneys addressed the elements and the defendant conceded to the fact that the crime occurred.

3. People v. Chestra (2017) Cal.App.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2578, the Second Appellate District, Division 5 [More…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Proposition 47 of 2014 Safe Neighborhoods & Schools Act »

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
May 3, 2017 – 12:44 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: April 22, 2017 | 8:36 am

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 be sure to subscribe to the Defender411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

(Note: You must log in (over on the right side of this page) to view this members-only content (see log-in box on upper right panel of this page) If you have problems logging in, you can email tech support at claratech @ cpda.org   All practice tips and practice samples are on this site but members cannot access them until fully logged in on this site, which you may do by using the login box on the right side of this page.  If you have not renewed your membership, you can do that via this link, or you can call during business hours 1.800.538.4993 x 304 and renew by phone to gain access to this members website.   Note: The Prop. 57 analysis document is available on the front page of this site without logging in, but any sample practice documents and memos related to tips and suggestions, etc. that are written specifically for defenders are not accessible unless you log in (and fully access this resource page).

[More…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Videos - Criminal Justice Issues (Public) »

Legislative Update: Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB 345 – Law enforcement agencies: regulations
April 26, 2017 – 09:40 | Comments Off on Legislative Update: Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB 345 – Law enforcement agencies: regulations

Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB-345 Law enforcement agencies: regulations

[More…] »

Continuing Legal Education - CPDA, MCLE Events - CPDA »

California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
April 19, 2017 – 21:06 | Comments Off on
California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017

CPDA’s 9th Annual Two-Day DUI Defense Practice Institute
Friday & Saturday, June 2-3, 2017 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940

Program Coordinators:
Bruce Kapsack, Assistant Public Defender, Shasta County
Jose Varela, Marin County Public Defender

Join us for this special continuing legal education seminar that will provide an informative and practical approach to handling driving under the influence cases.  The speakers are all recognized experts in handling DUI cases and this annual seminar will give you an opportunity to sharpen your skills and knowledge as you defend these difficult cases.  We have blocked a large group of lodging rooms at the Portola Hotel and Spa at a very special 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.   Please note: The lodging cut-off date for our special rate is close of business on May 2nd, so make your reservations at the hotel now. The program registration fee includes syllabus.
[Quick link – Register online for this program: http://defender411.us/201706R ] 

First published April 19, 2017

 

DAY ONE – FRIDAY, JUNE 2, 2017

12:00 p.m Registration/Check In

1:00 p.m. Introductions & Announcements [More…] »

Breaking News Links, MCLE Events - CPDA, Self-Study »

New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
March 5, 2017 – 11:22 | Comments Off on
New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
Recorded on Saturday March 4, 2017
Updated May 23, 2017 – This page first published Sunday, March 5, 2017

Program Coordinator:

Garrick Byers, Statute Decoder, CPDA Legislative Committee Member,
Attorney at Law, Point Richmond, California

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…] »

Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules, Proposition 64 of 2016 Recreational MJ »

Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
March 2, 2017 – 10:44 | Comments Off on Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders

think_tank_03

Most recent update: March 3, 2017 | 8:44 pm

First published November 10, 2016.  Updated as additional documents become available.

This Proposition 64 Resource Center (The Adult Use of Marijuana Act of 2016), will be seeing many resources added over the next few weeks, so be sure to subscribe to the Defender411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

(Note: You must log in (over on the right side of this page) to view this members-only content (see log-in box on upper right panel of this page) If you have problems logging in, you can email tech support at claratech @ cpda.org   All practice tips and practice samples are on this site but members cannot access them until fully logged in on this site, which you may do by using the login box on the right side of this page.  If you have not renewed your membership, you can do that via this link, or you can call during business hours 1.800.538.4993 x 304 and renew by phone to gain access to this members website.

[More…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules »

New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
December 28, 2016 – 10:55 | Comments Off on New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law

Byers_Garrick_2013_February

First published December 28, 2016 | Latest update: January 4, 2017 | 1:59 PM

Selected and edited by Garrick Byers, Attorney at Law, Statute Decoder

Note: This file is in PDF format (60 pages).

2017-New-Laws-Byers-12-31-2016-edition.pdf

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…] »

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
May 23, 2017 – 11:22 | 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: May 23, 2017 | 11:22 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, …[select title for full text]

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:44 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
<center>(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program<br></center>

CPDA’s 48th Annual Convention & MCLE Program
Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM
 

CPDA Continuing Legal …[select title for full text]

THE WEEK’S CASES: for the week ending May 26, 2017
May 26, 2017 – 20:03 | Comments Off on THE WEEK’S CASES: for the week ending May 26, 2017
THE WEEK’S CASES: for the week ending May 26, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
RESTITUTION FOR DAMAGES IN A HIT AND RUN
Restitution for damage caused by the accident in a hit and run can be ordered as a …[select title for full text]

Criminal Law Case Summaries: March – April 2017
May 3, 2017 – 17:04 | Comments Off on Criminal Law Case Summaries: March – April 2017
Criminal Law Case Summaries: March – April 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Garcia (2017) Cal.5th , reported on March 21, 2017, in 2107 Los Angeles Daily Journal 2596, the California Supreme Court held …[select title for full text]

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
May 3, 2017 – 12:44 | Comments Off on Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders

Most recent update: April 22, 2017 | 8:36 am
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]

Legislative Update: Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB 345 – Law enforcement agencies: regulations
April 26, 2017 – 09:40 | Comments Off on Legislative Update: Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB 345 – Law enforcement agencies: regulations

Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB-345 Law enforcement agencies: regulations

California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
April 19, 2017 – 21:06 | Comments Off on
California Public Defenders Association’s
9th Annual Two-Day
DUI Defense Practice Institute
Monterey Portola Hotel and Spa
Friday & Saturday, June 2-3, 2017
<center>California Public Defenders Association’s<br>9th Annual Two-Day<br>DUI Defense Practice Institute<br>Monterey Portola Hotel and Spa<br>Friday & Saturday, June 2-3, 2017 </center>

CPDA’s 9th Annual Two-Day DUI Defense Practice Institute
Friday & Saturday, June 2-3, 2017 at The Portola Hotel and Spa
Two Portola Plaza, Monterey, California 93940
Program Coordinators:
Bruce Kapsack, Assistant Public Defender, Shasta County
Jose Varela, Marin County Public Defender
Join …[select title for full text]

New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
March 5, 2017 – 11:22 | Comments Off on
New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017
<center>New Self-Study Video – New Statutes Seminar – Recorded Saturday, March 4, 2017 <br></center>

Recorded on Saturday March 4, 2017
Updated May 23, 2017 – This page first published Sunday, March 5, 2017

Program Coordinator:
Garrick Byers, Statute Decoder, CPDA Legislative Committee Member,
Attorney at Law, Point Richmond, California

See below for the exact …[select title for full text]

Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
March 2, 2017 – 10:44 | Comments Off on Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders
Proposition 64 – The Adult Use of Marijuana Act of 2016 – Resource Center for Defenders

Most recent update: March 3, 2017 | 8:44 pm
First published November 10, 2016.  Updated as additional documents become available.
This Proposition 64 Resource Center (The Adult Use of Marijuana Act of 2016), will be seeing many …[select title for full text]

New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
December 28, 2016 – 10:55 | Comments Off on New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law
New Laws for 2017 – The most important new statutes, initiatives, and rules for California criminal and juvenile delinquency law

First published December 28, 2016 | Latest update: January 4, 2017 | 1:59 PM
Selected and edited by Garrick Byers, Attorney at Law, Statute Decoder
Note: This file is in PDF format (60 pages).
2017-New-Laws-Byers-12-31-2016-edition.pdf

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]

Governor Brown Announces Superior Court Appointments
May 22, 2017 – 16:43 | Comments Off on Governor Brown Announces Superior Court Appointments
Governor Brown Announces Superior Court Appointments

Governor Brown Announces Appointments 05-22-2017
Governor Brown Appoints Laura S. Woods to Tehama County Superior Court 05-22-2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced the appointment of Laura S. Woods to a judgeship in the …[select title for full text]

THE WEEK’S CASES: for the week ending May 19, 2017
May 22, 2017 – 11:06 | Comments Off on THE WEEK’S CASES: for the week ending May 19, 2017
THE WEEK’S CASES: for the week ending May 19, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
IMPEACHING DEFENSE EXPERTS WITH STATEMENTS OBTAINED ILLEGALLY FROM THE DEFENDANT
During the sanity trial, the defense called mental health experts. The DA was permitted to …[select title for full text]

THE WEEK’S CASES: for the week ending May 12, 2017
May 12, 2017 – 23:26 | Comments Off on THE WEEK’S CASES: for the week ending May 12, 2017
THE WEEK’S CASES: for the week ending May 12, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PRELIMINARY HEARINGS AND THE 60-DAY RULE
We tend to focus on the part of PC 859b which requires a preliminary hearing within 10 court days …[select title for full text]

Racial justice activists seek bail reform in California
May 11, 2017 – 23:51 | Comments Off on Racial justice activists seek bail reform in California
Racial justice activists seek bail reform in California

By MALAIKA FRALEY  | Bay Area News Group. PUBLISHED: May 11, 2017 | UPDATED: May 11, 2017 at 6:58 pm

OAKLAND — While Cheryl Diston sat in jail for 10 months for a criminal case that she …[select title for full text]

Employment Opportunity – Deputy Public Defender, San Francisco County
May 10, 2017 – 21:02 | Comments Off on Employment Opportunity – Deputy Public Defender, San Francisco County
Employment Opportunity – Deputy Public Defender, San Francisco County

Filing deadline: May 31, 2017 5:00 PM
Salary: $111,462 – $195,234/yr

This position is excluded by the Charter from the competitive civil service examination process and shall serve at the discretion of the appointing officer.
For over 95 …[select title for full text]