Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB-345 Law enforcement agencies: regulations
April 25, 2017 – 21:47 | Comments Off on 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

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending April 21, 2017
April 21, 2017 – 11:29 | Comments Off on THE WEEK’S CASES: for the week ending April 21, 2017

Menaster-2015-May-Cropped

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

CHALLENGES TO PRIOR CONVICTIONS BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL
Assume a prior conviction is alleged in a new case. In 1997, the Cal. Supremes ruled that you can’t collaterally attack that prior in the new case on the basis of ineffective assistance of counsel in the prior case. (Garcia, 14 C4th 953.) The defendant here argues that VC 41403 permits such challenges. The C/A disagrees, saying VC 41403 just articulates the procedures for authorized challenges, of which this is not one.
People v. Bechtol; A146680; 4/12/17; C/A 1st, Div. 5

PENETRATION DEFINED
The victim testified that the defendant forcibly engaged in “anal sex” with her. The defense argues that there’s insufficient evidence that the defendant actually penetrated the victim’s anus. The C/A finds sufficient [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…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: February – March 2017
March 20, 2017 – 21:45 | Comments Off on Criminal Law Case Summaries: February – March 2017

Mandinach

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

1. People v. Smith (2017) Cal.App.5th , reported on February 21, 2017, in 2017 Los Angeles Daily Journal 1519, the Sixth Appellate District held that the trial court did not err in ordering the defendant to register as a narcotics offender, pursuant to Health and Safety Code section 11590, given the fact that said requirement applies to attempted, as well as completed, violations of Health and Safety Code section 11378. Additionally, the probation condition which required the defendant to submit his cell phones and computer to search and to provide any passwords necessary to conduct such a search was, not unreasonable, vague (see In re Sheena K. (2007) 40 Cal.4th 875, 890), or overbroad (Ibid.). To the extent the defendant preserved his [More…] »

Breaking News Links, Criminal Defense Practice Resources, MCLE Events - CPDA »

Celebrate CPDA’s 48th Annual Convention & Continuing Legal Education Program in North Lake Tahoe!
March 15, 2017 – 13:27 | Comments Off on Celebrate CPDA’s 48th Annual Convention & Continuing Legal Education Program in North Lake Tahoe!

Resort-at-Squaw-Creek_photo_3Quick link: Online registration: http://defender411.us/20170429R

Saturday, April 29, 2017 at The Resort at Squaw Creek, Olympic Valley, CA (N. Lake Tahoe). 400 Squaw Creek Rd., Olympic Valley, CA 96146 (see below for lodging information)

 

 


Convention Program Coordinators:

Traci Owens, Deputy Public Defender, Santa Clara County & Kathleen Pozzi, Public Defender, Sonoma County

Training Coordinators:

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

About This Year’s Convention

This is CPDA`s 48th annual convention seminar and we have some very special continuing legal education presentations scheduled for you! Lectures will include a review of 2016-2017 case law, presentations on a variety of cutting-edge criminal defense topics, and provide you with hours of excellent MCLE-accredited participatory credits. CPDA has reserved a room block at the hotel at a special rate and there is an early cut-off date of April 7th, so don’t delay in getting your discounted lodging by doing it on line now.

Program Schedule – Saturday, April 29, 2017 [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
March 15, 2017 – 11:05 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

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Most recent update: March 15, 2017 | 11:05 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.

[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
Unedited Low Resolution Version. Final version will be online in 10 days.Saturday March 4, 2017

The entire CPDA Calendar of Events page is located HERE

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, 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
February 17, 2017 – 20:36 | 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 »

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…] »

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

Senate Public Safety Committee Hearing – Tuesday, April 25, 2017 – SB-345 Law enforcement agencies: regulations
April 25, 2017 – 21:47 | Comments Off on 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…] »

THE WEEK’S CASES: for the week ending April 21, 2017
April 21, 2017 – 11:29 | Comments Off on THE WEEK’S CASES: for the week ending April 21, 2017
THE WEEK’S CASES: for the week ending April 21, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CHALLENGES TO PRIOR CONVICTIONS BASED ON INEFFECTIVE ASSISTANCE OF COUNSEL
Assume a prior conviction is alleged in a new case. In 1997, the Cal. Supremes …[select title for full text]

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]

Criminal Law Case Summaries: February – March 2017
March 20, 2017 – 21:45 | Comments Off on Criminal Law Case Summaries: February – March 2017
Criminal Law Case Summaries: February – March 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Smith (2017) Cal.App.5th , reported on February 21, 2017, in 2017 Los Angeles Daily Journal 1519, the Sixth Appellate District held …[select title for full text]

Celebrate CPDA’s 48th Annual Convention & Continuing Legal Education Program in North Lake Tahoe!
March 15, 2017 – 13:27 | Comments Off on Celebrate CPDA’s 48th Annual Convention & Continuing Legal Education Program in North Lake Tahoe!
Celebrate CPDA’s 48th Annual Convention & Continuing Legal Education Program in North Lake Tahoe!

Quick link: Online registration: http://defender411.us/20170429R
Saturday, April 29, 2017 at The Resort at Squaw Creek, Olympic Valley, CA (N. Lake Tahoe). 400 Squaw Creek Rd., Olympic Valley, CA 96146 (see below for lodging information)
 
 

Convention Program Coordinators:
Traci Owens, Deputy …[select title for full text]

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
March 15, 2017 – 11:05 | 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: March 15, 2017 | 11:05 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]

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>

Unedited Low Resolution Version. Final version will be online in 10 days.Saturday March 4, 2017
The entire CPDA Calendar of Events page is located HERE

Program Coordinator:
Garrick Byers, Statute Decoder, CPDA Legislative Committee Member,
Attorney at Law, Point …[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]

Proposition 57 – Criminal Sentences, Parole, Juvenile Criminal Proceedings and Sentencing Act of 2016 – Resource Center for Defenders
February 17, 2017 – 20:36 | 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]

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]

New Self-Study Video: 2017 Annual Juvenile Delinquency Practice MCLE Self-Study – Entire Program – Recorded January 21, 2017, Monterey, California
April 24, 2017 – 20:43 | Comments Off on New Self-Study Video: 2017 Annual Juvenile Delinquency Practice MCLE Self-Study – Entire Program – Recorded January 21, 2017, Monterey, California
New Self-Study Video: 2017 Annual Juvenile Delinquency Practice MCLE Self-Study – Entire Program – Recorded January 21, 2017, Monterey, California

2017 Annual Juvenile Delinquency Practice
Recorded Saturday, January 21, 2017

Arthur L. Bowie, Supervising Assistant Public Defender, Sacramento County (ret. 12/2016)

(You must log in to view this members-only content below (see login box on upper right panel …[select title for full text]

New Self-Study Video: 2017 Annual Juvenile Dependency Practice MCLE Self-Study – Entire Program – Recorded January 20, 2017, Monterey, California
April 24, 2017 – 20:07 | Comments Off on New Self-Study Video: 2017 Annual Juvenile Dependency Practice MCLE Self-Study – Entire Program – Recorded January 20, 2017, Monterey, California
New Self-Study Video: 2017 Annual Juvenile Dependency Practice MCLE Self-Study – Entire Program – Recorded January 20, 2017, Monterey, California

2017 Annual Juvenile Dependency Practice MCLE Self-Study
Recorded on Friday, January 20, 2017

Program Coordinator:
Martin F. Schwarz, Senior Assistant Public Defender, Orange County

(Note: You must log in to view this members-only content below (see login box on …[select title for full text]

Employment Opportunity: Deputy Public Defender III – Shasta County
April 18, 2017 – 17:30 | Comments Off on Employment Opportunity: Deputy Public Defender III – Shasta County
Employment Opportunity: Deputy Public Defender III – Shasta County

Job Title: Deputy Public Defender III
Closing Date/Time: Fri. 04/21/17 5:00 PM Pacific Time
Salary: $39.60 – $50.54 Hourly
$3,168.00 – $4,043.54 Biweekly
$6,864.00 – $8,761.00 Monthly
$82,368.00 – $105,132.00 Annually
Job Type: Full-Time Regular
Location: Redding, 96007, 96073, 96003, 96002, 96001, …[select title for full text]

CDCR Update: Prop 57 Regulations
April 14, 2017 – 17:34 | Comments Off on CDCR Update: Prop 57 Regulations
CDCR Update: Prop 57 Regulations

Friday, April 14, 2017
Good Afternoon,
This email serves to advise that the Office of Administrative Law Approved the Proposition 57 Emergency Regulations. The emergency regulations increase Credit Earning opportunities and Parole Consideration (Prop. 57), as well …[select title for full text]

Employment Opportunity – Glenn County, California – Contract Attorney – Public Defender Services
April 14, 2017 – 12:14 | Comments Off on Employment Opportunity – Glenn County, California – Contract Attorney – Public Defender Services
Employment Opportunity – Glenn County, California – Contract Attorney – Public Defender Services

The County of Glenn seeks experienced attorneys to provide indigent defense services under contract to the county. These services include defense of minors and adults in all stages of proceedings in Superior Court.
In addition, the …[select title for full text]