Proposition 57: November 8, 2016, General Election – Analysis
September 29, 2016 – 14:19 | Comments Off on Proposition 57: November 8, 2016, General Election – Analysis

Analyzed by Garrick Byers, Statute Decoder & Member, CPDA Legislative Committee
https://cpda.sharefile.com/d-se4ec42b84ae4fb08

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending September 23, 2016
September 24, 2016 – 01:30 | Comments Off on THE WEEK’S CASES: for the week ending September 23, 2016

Menaster-2015-May-Cropped

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

ENTRY WITH INTENT TO COMMIT CONSPIRACY TO STEAL IS STILL COVERED BY PROP. 47
The DA here appeals from the trial court’s order granting Prop. 47 relief. First the DA argues that the defense failed to prove that the inmate was eligible in the original pleading. The C/A says that the trial court has discretion to conduct a hearing even absent evidence that the inmate is eligible. Moreover, if the court denies relief on that basis, it must permit the inmate to file a supplemental petition with evidence of eligibility. Prop. 47 created PC 459.5, shoplifting, entering a commercial establishment during regular business hours with intent to commit theft of property valued at not more than $950. The DA claims that the defendant here wasn’t eligible for PC 459.5, shoplifting, because she didn’t enter Sears only with the intent to commit larceny. She entered with an accomplice, so she also entered with the intent to commit conspiracy, rendering her ineligible for 459.5. The C/A rejects this position, saying that the conspiracy was a conspiracy to commit theft, so the entry was really to commit theft, and that permits a conviction of only 459.5.
People v. Huerta; E065365; 9/21/16; C/A 4th, Div. 2

PROP. 47 AND RECEIVING A STOLEN VEHICLE [More…] »

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

Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
September 20, 2016 – 19:52 | Comments Off on Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016

yosemite-dreamstime-03-medium-resolutionThe California Public Defenders Association presents…

21st Annual Felony Defense Practice Seminar

Friday & Saturday, November 11-12, 2016

At Half Dome Village, a.k.a. Curry Pavilion, in Yosemite National Park!

Don’t miss this opportunity for an excellent training program in an excellent location!
Lodging reservations see below. Please note: Deadline for discounted lodging reservations is Oct. 10, 2016.

Coordinators:

Kathleen Cannon, Attorney at Law, San Diego, California

Charles Denton, Assistant Public Defender, Alameda County

Bart Sheela, Deputy Alternate Public Defender, San Diego County

Join us for this program that promises to provide an informative and practical approach to handling these difficult cases.We have developed an excellent line up of well-known experts who will be there to give you insights into how you can approach a variety of issues that arise in felony defense practice with better results.

CPDA has blocked a large group of lodging rooms at the Yosemite National Park Valley Lodge at a special rate. To reserve lodging at Yosemite Valley Lodge (inside the Park), please refer to the information included below for details. The program registration fee includes syllabus, reception on Friday, and breakfast on Saturday. Please note that you must make your lodging reservation immediately. MCLE & Legal Specialization credits apply (see below).

PROGRAM SCHEDULE – PROGRAM NUMBER S-566

DAY ONE – Friday, November 11, 2016 Half Dome Village

12:00 p.m. Registration & Check-In, Curry Pavilion. Soft Drinks & Chips

1:00 p.m. New Sentencing Practices Serving the Needs of Defendants – What Every Defense Attorney Needs To Know – Honorable Marion Gaston, Judge, San Diego Superior Court, San Diego County

2:30 p.m. Break

2:45 p.m. Enforcing the Law–BOLO for Prosecution Misconduct [1.5 hrs Ethics credit]

Michael Ogul, Deputy Public Defender, Santa Clara County [More…] »

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New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
September 20, 2016 – 19:50 | Comments Off on New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods

bandicam-2016-09-20-19-44-42-703The President’s Council of Advisors on Science and Technology (PCAST) has released its report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.

Summary:
President’s Council of Advisors on Science and Technology recommends actions to strengthen forensic science and promote its more rigorous use in the courtroom.

Today, the President’s Council of Advisors on Science and Technology (PCAST) released its latest report to the President, Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods. “Forensic science” refers to the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence for criminal and civil law or regulatory issues. Developments over the past two decades—including wrongful convictions in which forensic science has played a role and scientific studies of forensic science methods—have called increasing attention to the question of the scientific validity and reliability of some important forms of forensic evidence and of testimony based upon them.

The study that led to the report was a response to the President’s question to his PCAST in 2015, as to whether there are additional steps on the scientific side, beyond those already taken by the Administration in the aftermath of a highly critical 2009 National Research Council report on the state of the forensic sciences, that could help ensure the validity of forensic evidence used in the Nation’s legal system.

PCAST concluded that two important gaps warranted the group’s attention: (1) the need for clarity about the scientific standards for the validity [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: August-September 2016
September 20, 2016 – 09:57 | Comments Off on Criminal Law Case Summaries: August-September 2016

Mandinach

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

1. People v. Garner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8651, the Second Appellate District, Division 4 held that the trial court erred in denying the defendant’s petition for resentencing under Prop 47. The Court of Appeal held that a felony conviction for second degree commercial burglary is reducible to misdemeanor shoplifting where the defendant entered the “commercial establishment” with intent to commit theft by false pretenses.

2. People v. Newman (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8631, the Second Appellate District, Division 2 held that the trial court did not err in denying the defendant’s motion to have his sentence modified under Prop 36, section 1170.126. In determining whether a defendant’s “third strike” conviction was for a violent felony, which in turn makes him ineligible for resentencing under the Three Strikes Reform Act, a court is empowered to consider the record of conviction and to make factual findings by a preponderance of the evidence, even if those findings were not made by the jury or the trial court in convicting defendant of the offense. (See People v. Frierson (2016) Cal.App.4th , reported on July 21, 2016, in 2016 Los Angeles Daily Journal 7352; contra to People v. Arevalo (2016) 244 Cal.App.4th 836.)

3. People v. Wagner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8653, the Fourth Appellate District, Division 1 held that the trial court erred when it incorrectly concluded it lacked jurisdiction under section 1473.6 to hear claims related to improper revocation of parole. Section 1473.6 gives the trial court jurisdiction to vacate its order revoking the defendant’s parole based on evidence purporting to show that in pursuing revocation of his parole, a parole officer acted in retaliation for litigation defendant initiated against another law enforcement officer and testified falsely at the revocation hearing.

4. People v. Grimes (2016) Cal.4th , reported on August 23, 2016, in 2016 Los Angeles Daily Journal 8698, the California Supreme Court held that statements by since-deceased accomplice, offered by defense as declarations against penal interest in an effort to deflect responsibility for murder from defendant to the accomplice, were so disserving to the declarant’s interests that a reasonable person in his position would not have made them unless they were true, making them admissible under Evidence Code section 1230. The erroneous exclusion of statements against interest was harmless in the guilt phase, since defendant was guilty beyond a reasonable doubt under the felony-murder rule regardless of his role in the actual killing, but it was prejudicial in the penalty phase.

5. People v. Rodriguez (2016) Cal.4th , reported on August 23, 2016, in 2016 Los Angeles Daily Journal 8671, the California Supreme Court held the the presiding judge abused his discretion by ruling the judge who made the ruling on the motion to suppress, unavailable solely by reason of his having been transferred to another courthouse. A judge may be found unavailable for purposes of section 1538.5, subdivision (p), thereby permitting a different [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…] »

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…] »

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…] »

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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…] »

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 »

Proposition 57: November 8, 2016, General Election – Analysis
September 29, 2016 – 14:19 | Comments Off on Proposition 57: November 8, 2016, General Election – Analysis

books-electronic-06Analyzed by Garrick Byers, Statute Decoder & Member, CPDA Legislative Committee

https://cpda.sharefile.com/d-se4ec42b84ae4fb08

THE WEEK’S CASES: for the week ending September 23, 2016
September 24, 2016 – 01:30 | Comments Off on THE WEEK’S CASES: for the week ending September 23, 2016
THE WEEK’S CASES: for the week ending September 23, 2016

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ENTRY WITH INTENT TO COMMIT CONSPIRACY TO STEAL IS STILL COVERED BY PROP. 47
The DA here appeals from the trial court’s order granting Prop. …[select title for full text]

Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
September 20, 2016 – 19:52 | Comments Off on Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016
Annual Felony Defense Seminar – Yosemite National Park – Nov. 11-12, 2016

The California Public Defenders Association presents…
21st Annual Felony Defense Practice Seminar
Friday & Saturday, November 11-12, 2016
At Half Dome Village, a.k.a. Curry Pavilion, in Yosemite National Park!
Don’t miss this opportunity for an excellent training program in …[select title for full text]

New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
September 20, 2016 – 19:50 | Comments Off on New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods
New Report – Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods

The President’s Council of Advisors on Science and Technology (PCAST) has released its report: Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.

Summary:

President’s Council of Advisors on Science and Technology recommends actions to …[select title for full text]

Criminal Law Case Summaries: August-September 2016
September 20, 2016 – 09:57 | Comments Off on Criminal Law Case Summaries: August-September 2016
Criminal Law Case Summaries: August-September 2016

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Garner (2016) Cal.App.4th , reported on August 22, 2016, in 2016 Los Angeles Daily Journal 8651, the Second Appellate District, Division …[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]

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 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]

California – 2016 Cumulative Legislative Update below includes new posts through September 29, 2016
September 29, 2016 – 10:09 | Comments Off on California – 2016 Cumulative Legislative Update below includes new posts through September 29, 2016
California – 2016 Cumulative Legislative Update below includes new posts through September 29, 2016

Update  #2 – 9-29-2016
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
• AB 626 by Assemblymember David S. Chiu (D-San Francisco) – Public contracts: claim resolution.
• AB 821 …[select title for full text]

New Self-Study Video
July 26 – July 29, 2016
The 45th Annual Basic Trial Skills Institute
September 21, 2016 – 18:57 | 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 – Self-Study Video!

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, …[select title for full text]

Employment Opportunity: Deputy Public Defender I/II/III – Tuolumne County
September 19, 2016 – 10:13 | Comments Off on Employment Opportunity: Deputy Public Defender I/II/III – Tuolumne County
Employment Opportunity: Deputy Public Defender I/II/III – Tuolumne County

Branch: Public Defender, Tuolumne County
Location: Sonora, CA 95370
Department: Public Defender, Tuolumne County
Job Status: Full-Time
Closes On: September 28, 2016 at 11:59 PM PST
Status: Accepting Applications
Details: I: $61,560 – $75,152, II: $70,786 – $86,415, III: $79,787 – …[select title for full text]