Matrix of Serious Felonies, Violent Felonies & Juvenile Strikes by Charles M. Denton
July 21, 2017 – 16:31 | Comments Off on Matrix of Serious Felonies, Violent Felonies & Juvenile Strikes by Charles M. Denton

 
Matrix charts pasted in below with a download link at the bottom of this page for the PDF file.

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Case Digests, The Week's Cases »

THE WEEK’S CASES: for the week ending July 21, 2017
July 21, 2017 – 10:05 | Comments Off on THE WEEK’S CASES: for the week ending July 21, 2017

Menaster-2015-May-Cropped

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

MIRANDA AND BOOKING QUESTIONS ABOUT GANG AFFILIATION
The defendant was arrested over 10 years ago on a case unrelated to the current charges. At that time, he admitted during booking that he was a gang member. Those admissions were relied on by the police gang expert to support the gang enhancement in the current unrelated crime. But those admissions were taken in violation of Miranda. In Muniz (496 US 582) the US Supremes ruled that routine booking questions don’t require Miranda, but any questions, including during booking, which the police know or reasonably should know are likely to elicit an incriminating response, do require Miranda. In Elizalde (61 C4th 523), the officer asked the defendant during the booking process if he was affiliated with any gang. The defendant replied that he was; this admission was used against him at trial. In Elizalde, the Cal. Supremes restated Muniz, ruling that questions about gang affiliations during booking are reasonably likely to elicit an incriminating response, and non-Mirandized responses can’t be admitted into evidence at trial in the DA’s case in chief. The C/A restates Elizalde. They conclude that the fact that the Miranda violation was in unrelated cases over a decade ago doesn’t matter; the passage of time doesn’t “cleanse” the violation. The C/A drops a footnote mentioning Sanchez (63 C4th 665). Remember, Sanchez says that experts can’t rely on hearsay statements that are case-specific to support their opinions. The C/A doesn’t need to reach the Sanchez issue presented by this case. So the issue isn’t reached.
People v. Roberts; D069355; 7/18/17; C/A 4th, Div. 1

SANCHEZ AND CASE-SPECIFIC HEARSAY USED BY EXPERTS
Yet another Sanchez (63 C4th 665) case. Over 20 years ago, the defendant was found not guilty by reason of insanity (NGI). He’s been in the state mental hospital ever since. He petitioned to be transferred to a conditional release program. (PC 1026.2.) At the trial on the conditional release petition, the prosecution experts relied on lots of hearsay. For example, the defendant [More…] »

Case Digests, Criminal Law Summaries by Gary Mandinach »

Criminal Law Case Summaries: June – July 2017
July 21, 2017 – 09:44 | Comments Off on Criminal Law Case Summaries: June – July 2017

Mandinach

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

1. In re Jose S. (2017) Cal.App.5th , reported on June 22, 2017, in 2107 Los Angeles Daily Journal 5898, the Fourth Appellate District, Division 1 held that the trial court did not err when in declined to seal either a 2002 sustained petition for section 288, subdivision (a) and a 2005 sustained petition for section 245, subdivision (a)(1), and the personal use of a firearm. The Court of Appeal found that in the juvenile system, where the same case number is carried from case to case, both offenses were one case, and could not be looked at independently. The Court of Appeal also found that the section 245, subdivision (a)(1) constituted both assault with a deadly weapon, and assault with intent to commit great bodily injury, and as a result it fell within Welfare and Institutions Code section 707, subdivision (b)(14), and therefore disqualified him from sealing on either the 2002 and 2005 offenses.

2. Turner v. United States (2017) U.S. , reported on June 23, 2017, in 2107 Los Angeles Daily Journal 5940, the United States Supreme Court held that where the defendants had been convicted for some time, the defense then discovered that certain evidence which was favorable to the defense under Brady v. Maryland (1963) 373 U.S. 83. However the United State Supreme [More…] »

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

Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
July 13, 2017 – 21:28 | Comments Off on Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley

At The Berkeley Marina DoubleTree, 200 Marina Blvd, California 94710

Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, CA

Bart Sheela, Deputy Alternate Public Defender, San Diego County

This special MCLE continuing legal education seminar will provide you with 6.0 hours of MCLE credits including 4.0 hours of Ethics credits, 1.0 credit hours in the Elimination of Bias, and 1.0 hours of credit in the Prevention, Detection and Treatment of Substance Abuse/Mental Illness That Impairs Professional Competence. This seminar is designed to help you obtain ALL of those hard-to-find Specialty Credit hours, and CPDA has geared each presentation to address the specialty area with an emphasis on criminal defense practice. Note: We have blocked a limited number of lodging rooms at the Berkeley Marina DoubleTree at a discounted rate (please see below for details).

PROGRAM SCHEDULE – SATURDAY AUGUST 19, 2017 – S574

8:00 a.m. Registration & Check-In Coffee & Donuts

8:30 a.m. Prosecutorial Misconduct [1.25 hrs. Ethics] [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
July 2, 2017 – 11:22 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
Most recent update: July 2, 2017 | 12:22 PM | 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 »

The 46th Annual Basic Trial Skills Institute
July 24 – July 28, 2017
June 16, 2017 – 19:29 | Comments Off on The 46th Annual Basic Trial Skills Institute
July 24 – July 28, 2017

USDCampus

THE CALIFORNIA PUBLIC DEFENDERS ASSOCIATION
Presents: The 46th Annual Summer Basic Trial Skills Institute
Monday, July 24 – Friday, July 28, 2017, at The University of San Diego
Don’t miss this unique opportunity to build community and defender pride while developing your storytelling, pretrial and trial skills on the lovely campus of
The University of San Diego!

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, Jessie Morris, Kathleen Pozzi, Russell Baker, Keri Klein, Dan Messner, Sam Meadows, Anthony C. Jones, Matt Sotorosen, David Klaus, Kate Braner, Amanda Benson, Garrick Byers, Alice Michel, Julie Gibson, Nancy Astifo, Kara Oien, Emily Rose-Weber, Jeff Chambliss, JoAnn Tyrell, Jenny Andrews, Irene Pai, Denis Lainez, Mickey Sampson,, Brendon Woods, Yahairah Aristy, Euketa Oliver, Michele Kumaus, Laura Arnold, Amy Hoffman, Lesli Caldwell, Courtney Cutter, Jaymes R. Sanford, Sara Ross, Pedro Oliveros, Sam Eaton, Les McMillan, Tania Vallejo, Amber Poston, Kelly Rozek

PROGRAM SCHEDULE

Monday – July 24

4:30 p.m. Faculty-Only Meeting on Campus – Alcala Vista Apartments Complex (the dorms)

5:30 p.m. – 8:00 p.m. BBQ on Campus – Alcala Vista Apartments Courtyard

Dinner Speaker: Sam Eaton, Attorney at Law, Santa Barbara, CA

[More…] »

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

Proposition 57 Resources
May 3, 2017 – 12:44 | Comments Off on Proposition 57 Resources

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: SB 345 – Law enforcement agencies: regulations
April 26, 2017 – 09:40 | Comments Off on Legislative Update: SB 345 – Law enforcement agencies: regulations

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

[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…] »

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

Matrix of Serious Felonies, Violent Felonies & Juvenile Strikes by Charles M. Denton
July 21, 2017 – 16:31 | Comments Off on Matrix of Serious Felonies, Violent Felonies & Juvenile Strikes by Charles M. Denton

 

Matrix charts pasted in below with a download link at the bottom of this page for the PDF file.

[More…] »

THE WEEK’S CASES: for the week ending July 21, 2017
July 21, 2017 – 10:05 | Comments Off on THE WEEK’S CASES: for the week ending July 21, 2017
THE WEEK’S CASES: for the week ending July 21, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
MIRANDA AND BOOKING QUESTIONS ABOUT GANG AFFILIATION
The defendant was arrested over 10 years ago on a case unrelated to the current charges. At that …[select title for full text]

Criminal Law Case Summaries: June – July 2017
July 21, 2017 – 09:44 | Comments Off on Criminal Law Case Summaries: June – July 2017
Criminal Law Case Summaries: June – July 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re Jose S. (2017) Cal.App.5th , reported on June 22, 2017, in 2107 Los Angeles Daily Journal 5898, the Fourth Appellate District, …[select title for full text]

Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
July 13, 2017 – 21:28 | Comments Off on Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley
Annual MCLE Specialty Areas Seminar – Saturday August 19, 2017 – Berkeley

At The Berkeley Marina DoubleTree, 200 Marina Blvd, California 94710
Program Coordinators:

Kathleen Cannon, Attorney at Law, Vista, CA
Bart Sheela, Deputy Alternate Public Defender, San Diego County
This special MCLE continuing legal education seminar will provide you with …[select title for full text]

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
July 2, 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: July 2, 2017 | 12:22 PM | 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]

The 46th Annual Basic Trial Skills Institute
July 24 – July 28, 2017
June 16, 2017 – 19:29 | Comments Off on The 46th Annual Basic Trial Skills Institute
July 24 – July 28, 2017
The 46th Annual Basic Trial Skills Institute <br>July 24 – July 28, 2017

THE CALIFORNIA PUBLIC DEFENDERS ASSOCIATION
Presents: The 46th Annual Summer Basic Trial Skills Institute
Monday, July 24 – Friday, July 28, 2017, at The University of San Diego
Don’t miss this unique opportunity to build community and …[select title for full text]

Proposition 57 Resources
May 3, 2017 – 12:44 | Comments Off on Proposition 57 Resources
Proposition 57 Resources

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: SB 345 – Law enforcement agencies: regulations
April 26, 2017 – 09:40 | Comments Off on Legislative Update: SB 345 – Law enforcement agencies: regulations

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

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]

California – 2017 Cumulative Legislative Update Through July 21, 2017
July 21, 2017 – 14:27 | Comments Off on California – 2017 Cumulative Legislative Update Through July 21, 2017
California – 2017 Cumulative Legislative Update Through July 21, 2017

7-21-2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
• AB 192 by Assemblymember Jose Medina (D-Riverside) – Migrant education: statewide parent advisory council: reports.
• AB 564 by the …[select title for full text]

Protected: The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, 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 on 7/21/2016
July 21, 2017 – 09:09 | Comments Off on Protected: The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, 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 on 7/21/2016
Protected: The 46th Annual Basic Trial Skills Institute – July 24 – July 28, 2017, 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 on 7/21/2016

There is no excerpt because this is a protected post.

THE WEEK’S CASES: for the week ending July 14, 2017
July 14, 2017 – 18:13 | Comments Off on THE WEEK’S CASES: for the week ending July 14, 2017
THE WEEK’S CASES: for the week ending July 14, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
INCOMPETENT JUVENILES AND THE LOS ANGELES JUVENILE COURT PROTOCOL
In 2013, Megan Gallow (then with LA PD, now with LA APD) won Jesus G. (218 …[select title for full text]

Employment Opportunity: Deputy Public Defender I/II – Extra Help Category – Merced County
July 13, 2017 – 11:09 | Comments Off on Employment Opportunity: Deputy Public Defender I/II – Extra Help Category – Merced County
Employment Opportunity: Deputy Public Defender I/II – Extra Help Category – Merced County

Closing Date/Time: Continuous
Salary: $28.86 – $35.63 Hourly
Job Type: Full-time
Location: Merced County Public Defender 2150 M Street Merced, California
Duties may include, but are not limited to, the following:
Acts as defense counsel in criminal cases; Interviews and …[select title for full text]