February 22, 2018 – 16:46 | Comments Off on Employment Opportunity: Assistant Public Defender IV-V, County of Lassen

 
DOWNLOAD a copy of this notice in PDF format: Lassen-Assistant Public Defender IV V.pdf

 

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THE WEEK’S CASES: for the week ending February 23, 2018
February 23, 2018 – 23:24 | Comments Off on THE WEEK’S CASES: for the week ending February 23, 2018

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

JUVENILES AND FRANKLIN HEARINGS
In Franklin (63 C4th 261) the Cal. Supremes held that when a juvenile is sentenced as an adult to a term of 25 years to life or greater, the juvenile is entitled to a parole hearing during the 25th year of incarceration. The Cal. Supremes held in Franklin that at sentencing the trial court must conduct a hearing where the minor is afforded sufficient opportunity to make a record of mitigating evidence tied to his youth, which could be relevant to parole consideration. This C/A sends these cases back for such a hearing. In Tran, the AG argues that the probation report was sufficient to satisfy the Franklin requirements. The C/A rejects this claim, “the report is largely bereft of information about appellant’s character, cognitive ability, psychological functioning or maturity.”
People v. Hutchinson; B279767; 2/15/18; C/A 2nd, Div. 1
People v. Tran; G053424; 2/15/18; C/A 4th, Div. 3

LACK OF APPEALABILITY UNDER PROP. 57
The defendant sent the sentencing court a letter asking for a list of violent felony offenses that Prop. 57 changed to nonviolent felony offenses, and asking whether that list included second-degree robbery. The judge treated the letter as a request for resentencing and denied relief. The defendant appealed. The C/A dismisses the appeal, ruling that no appealable order was entered here. Prop. [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: January-February 2018
February 20, 2018 – 16:08 | Comments Off on Criminal Law Case Summaries: January-February 2018

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

1. People v. Robbins (2018) Cal.App.5th , reported on January 22, 2018, in 2018 Los Angeles Daily Journal 672, the Fourth Appellate District, Division 2 held that the trial court did not err by failing to instruct the jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to the victim’s actions. Here there was a mistake of fact. (People v. Beardslee (1991) 53 Cal.3d 68, 87-88.) The defendant shot Olivera with the belief that he was shooting Jones, and with the intent to kill him. Therefore the defendant is guilty of attempted murder because the defendant’s guilt is determined as if the facts were as he perceived them. (Ibid.) Heat of passion is not an element of voluntary manslaughter, but a theory of partial exculpation that reduces murder to manslaughter by negating the element of malice. (People v. Moye (2009) 47 Cal.4th 537, 549.) To satisfy the reasonable person element of this form of voluntary manslaughter, the accused’s heat of passion must be due to “sufficient provocation.” (People v. Rivera (2011) 201 Cal.App.4th 3 53, 3 66.)

2. People v. Huynh (2018) Cal.App.5th , reported on January 23, 2018, in 2018 Los Angeles Daily Journal 737, the Sixth Appellate District held that a prosecuting agency was in constructive possession of the readily extractable data on a defendant’s cellphone while it was in possession of the phone and so it should have disclosed this category of evidence to the defense at least 30 days before trial pursuant to section 1054.1. The prosecutor’s failure to disclose was not prejudicial where the trial court limited the prosecutor’s ability to use the data, allowed the defense to review the materials, and offered the defendant additional time to prepare for trial in light of this evidence. (See People v. Gonzalez (1994) 22 Cal.App.4th 1744, 1757-1758; People v. Jordan (2003) 108 Cal.App.4th 349, 358; see also People v. Partida (2005) 37 Cal.4th 428, 436 [the court’s ruling did not result in fundamental unfairness.]) An expert’s testimony as to a gang’s [More…] »

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New Self-Study Video – Defending SVP Cases
January 3, 2018 – 05:30 | Comments Off on New Self-Study Video – Defending SVP Cases

Defending SVP Cases – Program #S-578

Broadcast Starts: Saturday, December 2, 2017 – 8:30 AM

This page first published Friday, December 2, 2017 | 9:00 PM

[More…] »

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

New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017
December 13, 2017 – 14:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017

 

Defending Sexual Assault Cases

Recorded Saturday, October 28, 2017

This page first published Friday, October 27, 2017 3:33 PM

[More…] »

Breaking News Links, CPDA Members »

New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
January 6, 2016 – 20:20 | Comments Off on New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store

California Public Defenders Android Apps on Google Play

The CPDA Members App. The CPDA Members App was created to help build a closer-knit community among members. Members of CPDA who download the app can join conversations, share photos, learn about events, and locate contact information for all members.

The California Public Defenders Association (CPDA) is a nonprofit organization that serves as a resource center for its members who are all criminal defense attorneys – both private attorneys who practice criminal defense in California, and public defenders who are criminal defense attorneys employed by local county public defender agencies. The organization was formed over 40 years ago and today provides numerous on-site training programs through the year and in different locations held throughout the state of California, all designed exclusively for criminal defense attorneys who practice in California. Together, the two groups of criminal defense attorneys (private defenders and public defenders) comprise the membership of CPDA, which totals over 3,400 practicing criminal defense attorneys in California, in particular, but the membership is open to criminal defense attorneys in other states and several hundred from throughout the U.S. are associate members of CPDA.

Two options to download the CPDA Members App:

1. Download from the Google Play Store:
https://play.google.com/store/apps/details?id=com.groupahead.capublicdefendersassoc

2. Download from the Apple App Store:
https://itunes.apple.com/us/app/california-public-defenders/id1069170021

 

 

The CLARANET App. For CPDA members with the additional “Claranet” subscription, there’s an additional app that is [More…] »

Criminal Law Case Summaries: January-February 2018
February 20, 2018 – 16:08 | Comments Off on Criminal Law Case Summaries: January-February 2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Robbins (2018) Cal.App.5th , reported on January 22, 2018, in 2018 Los Angeles Daily Journal 672, the Fourth Appellate District, Division …[select title for full text]

THE WEEK’S CASES: for the week ending February 23, 2018
February 23, 2018 – 23:24 | Comments Off on THE WEEK’S CASES: for the week ending February 23, 2018
THE WEEK’S CASES: for the week ending February 23, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JUVENILES AND FRANKLIN HEARINGS
In Franklin (63 C4th 261) the Cal. Supremes held that when a juvenile is sentenced as an adult to a term …[select title for full text]

New Self-Study Video – Defending SVP Cases
January 3, 2018 – 05:30 | Comments Off on New Self-Study Video – Defending SVP Cases

Defending SVP Cases – Program #S-578
Broadcast Starts: Saturday, December 2, 2017 – 8:30 AM
This page first published Friday, December 2, 2017 | 9:00 PM

New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017
December 13, 2017 – 14:25 | Comments Off on New Self-Study Video – Defending Sexual Assault Cases Seminar – Recorded October 28, 2017

 
Defending Sexual Assault Cases
Recorded Saturday, October 28, 2017
This page first published Friday, October 27, 2017 3:33 PM

New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
January 6, 2016 – 20:20 | Comments Off on New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store
New mobile apps for CPDA members – Download from the Apple App and/or the Google Play store

The CPDA Members App. The CPDA Members App was created to help build a closer-knit community among members. Members of CPDA who download the app can join conversations, share photos, learn about events, and locate …[select title for full text]

Employment Opportunity: Assistant Public Defender IV-V, County of Lassen
February 22, 2018 – 16:46 | Comments Off on Employment Opportunity: Assistant Public Defender IV-V, County of Lassen

 
DOWNLOAD a copy of this notice in PDF format: Lassen-Assistant Public Defender IV V.pdf

 

Employment Opportunity: Deputy Public Defender I-II-III, County of Lassen
February 22, 2018 – 16:34 | Comments Off on Employment Opportunity: Deputy Public Defender I-II-III, County of Lassen

 
DOWNLOAD a copy of this notice in PDF format: Deputy Public Defender I II III.pdf

 

CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel
February 21, 2018 – 11:29 | Comments Off on CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel

The California Public Defenders Association presents…CPDA’s 49th Annual Convention
Saturday April 28, 2018
Queen Mary Hotel
1126 Queen Highway, Long Beach, CA 90802
Convention Chair
Arlene Speiser, Assistant Public Defender, Orange County
Training Committee Co-Chairs
Kathleen Cannon, Attorney …[select title for full text]

Updated — Penal Code Section 29810 and the Prohibited Persons Relinquishment Form: What You Need to Know
February 20, 2018 – 15:53 | Comments Off on Updated — Penal Code Section 29810 and the Prohibited Persons Relinquishment Form: What You Need to Know

First published January 15, 2018 | Updated February 20, 2018 | 3:53 PM

DOWNLOAD a copy of the document in PDF format: PC-29810-and-PPR- 2-Feb-16-2018.pdf

IMPORTANT NOTE: The California Courts website now has a revised Prohibited Persons Relinquishment Form …[select title for full text]

THE WEEK’S CASES: for the week ending February 16, 2018
February 16, 2018 – 23:11 | Comments Off on THE WEEK’S CASES: for the week ending February 16, 2018
THE WEEK’S CASES: for the week ending February 16, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47, CUSTODY CREDITS, AND PRCS TIME
The defendant was sentenced to 9 years, 4 months in prison. While he was in prison, he filed …[select title for full text]

THE WEEK’S CASES: for the week ending February 9, 2018
February 9, 2018 – 19:52 | Comments Off on THE WEEK’S CASES: for the week ending February 9, 2018
THE WEEK’S CASES: for the week ending February 9, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PENAL CODE SECTION 1473.7 AND INCOMPETENCY OF COUNSEL
Clients who have completed their sentences and are off probation/parole have had problems getting their convictions vacated …[select title for full text]