THE WEEK’S CASES: for the week ending March 27, 2015
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office. (Note: You must log in to view this members-only content (see login box on upper right panel of this page)
A FABRICATED CONFESSION PROVIDED BY THE DA TO DEFENSE COUNSEL JUSTIFIES DISMISSAL [More…] »
S.F. deputies trained inmates for fights, bet on them, official says
The Los Angeles Times – Thursday, March 26, 2015
San Francisco’s public defender released findings Thursday of an investigation that indicates four sheriff’s deputies are staging brutal inmate fights at the county jail and betting on them.
He had planned to go public with the allegations when three inmate witnesses were released from custody, but moved up his announcement after learning another fight was scheduled for next week, the San Francisco Examiner reported.
In a letter to San Francisco Sheriff Ross Mirkarimi, Adachi wrote of “allegations of serious misconduct committed by sheriff’s deputies assigned to work at County Jail No. 4 on the seventh floor of the Hall of Justice.”
“I am requesting that you take immediate action and at a minimum, remove the deputies involved from any position where they have any contact with prisoners, including the clients they have harmed,” the letter said.
Mirkarimi attended the news conference and was listening from the back of the room, San Francisco Chronicle reporter Vivian Ho noted in a series of tweets.
According to a KTVU reporter at the news conference, Mirkarimi called the alleged acts “barbaric” and said the four deputies have been reassigned and two inmates transferred to another jail.
After the news conference, Mirkarimi said that he would reach out to the U.S. Department of Justice to assist with any investigation.
Full story in the Los Angeles Times at this link: http://defender411.us/1FO1kNc
California loosens Jessica’s Law rules on where sex offenders can live
The Los Angeles Times – Thursday, March 26, 2015 – 4:50 PM
California officials announced Thursday that the state would stop enforcing a key provision of a voter-approved law that prohibits all registered sex offenders from living near schools.
The California Department of Corrections and Rehabilitation said it would no longer impose the blanket restrictions outlined in Jessica’s Law that forbids all sex offenders from living within 2,000 feet of a school or park, regardless of whether their crimes involved children.
High-risk sex offenders and those whose crimes involved children under 14 will still be prohibited from living within a half-mile of a school, the CDCR emphasized. Otherwise, officials will assess each parolee based on factors relating to their individual cases, the agency said.
The shift comes nine years after California voters approved the controversial law, which has made it difficult for some sex offenders to find places to live.
The California Supreme Court on March 2 unanimously ruled that Jessica’s Law violated the constitutional rights of parolees living in San Diego County who had argued that the limitations made it impossible for them to obtain housing. As a result, advocates said, some parolees were living in places like riverbeds and alleys.
“While the court’s ruling is specific to San Diego County, its rationale is not,” CDCR spokesman Luis Patino said Thursday. “After reviewing the court’s analysis, the state attorney general’s office advised CDCR that applying the blanket mandatory residency restrictions of Jessica’s Law would be found to be unconstitutional in every county.”
For full story at the Los Angeles Times use this link: http://defender411.us/1Cf3phf
Criminal Law Case Summaries – February-March 2015
by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
(Note: You must log in to view this members-only content (see log-in box on upper right panel of this page)
1. In re D.D. (2015) Cal.App.4th , reported on February 24, 2015, in 2015 Los Angeles Daily Journal 2074, the First Appellate District, Division 5 disagreed with its counterparts from Division 1 and its decision in In re M.G. (2014) 228 Cal.App.4th 1268, and held that a juvenile is not a “person not in [More…] »
The California Public Defenders Association presents the 46th Annual Convention and Continuing Legal Education Program – May 1-2, 2015 – Oakland Marriott City Center
CPDA’s 46th Annual Convention & MCLE Program
Friday & Saturday, May 1-2, 2015 – The Oakland Marriott City Center
1001 Broadway, Oakland, California 94607
[For Lodging and Program Registration- See below]
CPDA Convention Chair: Michael Ogul, Deputy Public Defender, Santa Clara County
CPDA Continuing Legal Education & Training Program Coordinators:
Kathleen Cannon, Attorney at Law, Vista, California
Bart Sheela, Deputy Alternate Public Defender, San Diego County
This is CPDA’s 46th annual two-day convention seminar and we have some very special continuing legal education presentations scheduled for you! Lectures will include a review of 2014-15 case law, presentations on a variety of cutting-edge criminal defense topics, and specialized afternoon workshops that will energize your criminal defense practice and provide you with hours and 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 8, 2015, so don’t delay in getting your discounted lodging by doing it on line now (see above or side panel for details).
PROGRAM SCHEDULE – DAY ONE – FRIDAY MAY 1, 2015 – OAKLAND MARRIOTT
8:00 a.m. Registration & Check-In Coffee & Pastries
8:30 a.m. Welcome: Garrick Byers, CPDA Outgoing – President, Deputy Public Defender, Contra Costa County
9:00 a.m. The Year’s Cases 2014-15 – Al Menaster, Deputy Public Defender, Los Angeles County
10:30 a.m. “He got in my face so I shot him,” – How Defendant’s Language Deficits Impair Attorney-Client Relationships – Professor Michele LaVigne, University of Wisconsin School of Law
12:00 p.m. Annual Awards Presentation & Luncheon – Defender of The Year – Program of The Year – Gideon Award – Hon. Rose Elizabeth Bird Award and More!
2:15 p.m. – 4:15 p.m. Workshops & Coordinators
Discovery: Al Menaster & Michael Goodman, Deputy & Alternate Public Defender, Los Angeles County
Electronic Legal Research: Jason Cox, Attorney, Albany, California & Michael Kennedy, Attorney, Indio, California
Judicial Complaints: Jeff Adachi, SF Public Defender & Hon. Erica Yew, Judge, Superior Court, Santa Clara County
SVP Defense Practice Update: Laura Arnold, Deputy Public Defender, Riverside County
Friday Evening Event – at the hotel – May 1st – Reception – 6:30 p.m. – 10:00 p.m.
PROGRAM SCHEDULE – DAY TWO – SATURDAY MAY 2, 2015 – OAKLAND MARRIOTT [More…] »
Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
Most recent update: December 22, 2014 | 14:03 hrs
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.