November 21, 2017 – 09:24 | Comments Off on Understanding SB 395 and Issues in Implementation – Briefing from Pacific Juvenile Defender Center

Dear CPDA members:
I’m pleased to be sending you information about the role of defenders

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THE WEEK’S CASES: for the week ending November 17, 2017
November 18, 2017 – 12:09 | Comments Off on THE WEEK’S CASES: for the week ending November 17, 2017

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

JUDGE SITS AS A THIRTEENTH JUROR WHEN RULING ON NEW TRIAL MOTION
The defendant moved for a new trial on the ground that the evidence was insufficient to support the gang enhancement allegation. The trial judge denied the motion, saying that the judge can’t reweigh the evidence presented at the trial. But this is wrong. This is the so-called 13th juror rule. On a motion for new trial on insufficiency of the evidence, the judge is required to reweigh the evidence. The judge must independently evaluate the evidence, including credibility, to determine whether the evidence is sufficient to uphold the verdict. The C/A reverses the gang enhancement allegation.
People v. Watts; B270324; 11/14/17; C/A 2nd, Div. 1

INVENTORY SEARCHES AND AUTOMOBILE SEARCHES BASED ON PROBABLE CAUSE
When the police impound a car, they can conduct an inventory search of its contents, but only pursuant to a standard inventory policy. (Bertine, 479 US 367; Wells, 495 US 1.) The police impounded the car here and then conducted quite an inventory search, removing the dashboard console to find meth between the air conditioning ducts and the radio. The C/A agrees that [More…] »

Case Digests, Criminal Law Case Law Digests, Publications, and Reviews, Criminal Law Summaries by Gary Mandinach, Digests - Mandinach »

Criminal Law Case Summaries: September-October 2017
October 29, 2017 – 19:13 | Comments Off on Criminal Law Case Summaries: September-October 2017

Mandinach

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

1. In re N.R. (2017) Cal.App.5th , reported on September 22, 2017, in 2107 Los Angeles Daily Journal 9303, the Second Appellate District, Division 6 held that the juvenile court did not abuse its discretion when it terminated a deferred entry of judgment (DEJ) disposition where the minor decided to discontinue his high school education. The Court of Appeal found that there was a correlation between education and future criminality; therefore, the court could reasonably find that the minor had not substantially complied with the terms of his probation as such that he was ineligible for a dismissal of the delinquency petition and sealing of his records under Welfare and Institutions Code section 786.

2. People v. Trujillo (2017) Cal.App.5th , reported on September 25, 2017, in 2107 Los Angeles Daily Journal 9326, the Fourth Appellate District, Division 1 held that the trial court did not err when it imposed a probation condition requiring the probationer submit to a warrantless search of his electronic devices. (People v. Lent (1975) 15 Cal.3d 481.) The Court of Appeal found that it was reasonably related to preventing the probationer’s future criminality. Here, the defendant admitted committing violent offenses against innocent bystanders in two separate incidents, allegedly because of [More…] »

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California – 2017 Cumulative Legislative Update Through October 15, 2017
October 15, 2017 – 23:07 | Comments Off on California – 2017 Cumulative Legislative Update Through October 15, 2017

california-state-capitol

Legislative Update #2 for Sunday, October 15, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 22 by Assemblymember Rob Bonta (D-Oakland) – Secretary of State: storing and recording electronic media.
– AB 83 by Assemblymember Miguel Santiago (D-Los Angeles) – Collective bargaining: Judicial Council.
– AB 132 by Assemblymember Reginald Byron Jones-Sawyer Sr. (D-Los Angeles) – Public contracts: 2028 Olympic Games and Paralympic Games.
– AB 203 by Assemblymember Patrick O’Donnell (D-Long Beach) – School facilities: design and construction: report: regulations. A signing message can be found here.
– AB 250 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – State Coastal Conservancy: Lower Cost Coastal Accommodations Program.
– AB 469 by Assemblymember Jim Cooper (D-Elk Grove) – Candidates: nomination documents.
– AB 474 by Assemblymember Eduardo Garcia (D-Coachella) – Hazardous waste: spent brine solutions. A signing message can be found here.
– AB 512 by Assemblymember Freddie Rodriguez (D-Pomona) – Public employees’ retirement: safety members: industrial disability retirement.
– AB 707 by Assemblymember Cecilia Aguiar-Curry (D-Winters) – Clear Lake.
– AB 841 by Assemblymember Shirley N. Weber (D-San Diego) – Pupil nutrition: food and beverages: advertising: corporate incentive programs.
– AB 848 by Assemblymember Kevin McCarty (D-Sacramento) – Public contracts: University of California: California State University: domestic workers.
– AB 918 by Assemblymember Rob Bonta (D-Oakland) – California Voting for All Act.
– AB 967 by Assemblymember Todd Gloria (D-San Diego) – Human remains disposal: alkaline hydrolysis: licensure and regulation.
– AB 1221 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2017.
– AB 1367 by Assemblymember Marc Berman (D-Menlo Park) – Improper signature-gathering tactics.
– AB 1414 by Assemblymember Laura Friedman (D-Glendale) – Solar energy systems: permits.
– AB 1424 by Assemblymember Marc B. Levine (D-Marin County) – University of California: Best Value Construction Contracting Program.
– AB 1665 by Assemblymember Eduardo Garcia (D-Coachella) – Telecommunications: California Advanced Services Fund.
– SB 5 by Senator Kevin de León (D-Los Angeles) – California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
– SB 179 by Senator Toni G. Atkins (D-San Diego) – Gender identity: female, male, or nonbinary.
– SB 201 by Senator Nancy Skinner (D-Berkeley) – Higher Education Employer-Employee Relations Act: employees.
– SB 226 by Senator Robert M. Hertzberg (D-Van Nuys) – Political Reform Act of 1974: slate mailers.
– SB 310 by Senator Toni G. Atkins (D-San Diego) – Name and gender change: prisons and county jails.
– SB 334 by Senator Bill Dodd (D-Napa) – Enhanced industrial disability leave.
– SB 396 by Senator Ricardo Lara (D-Bell Gardens) – Employment: gender identity, gender expression, and sexual orientation.
– SB 615 by Senator Ben Hueso (D-San Diego) – Salton Sea restoration.

The Governor also announced that he has vetoed the following bills:

– AB 17 by Assemblymember Chris Holden (D-Pasadena) – Transit Pass Pilot Program: free or reduced-fare transit passes. A veto message can be found here.
– AB 233 by Assemblymember Todd Gloria (D-San Diego) – Pupils: right to wear religious, ceremonial, or cultural adornments at school graduation ceremonies. A veto message can be found here.
– AB 313 by Assemblymember Adam Gray (D-Merced) – Water. A veto message can be found here.
– AB 432 by Assemblymember Tony Thurmond (D-Richmond) – Personal care services. A veto message can be found here.
– AB 568 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – School and community college employees: paid maternity leave. A veto message can be found here.
– AB 569 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Discrimination: reproductive health. A veto message can be found here.
– AB 890 by Assemblymember Jose Medina (D-Riverside) – Land use: planning and zoning: initiatives. A veto message can be found here.
– AB 894 by Assemblymember Jim L. Frazier Jr. (D-Discovery Bay) – Candidates’ statements: false statements. A veto message can be found here.
– AB 973 by Assemblymember Evan Low (D-Campbell) – Remote accessible vote by mail system. A veto message can be found here.
– AB 1249 by Assemblymember Adam Gray (D-Merced) – Property taxation: exemptions: veterans’ organizations. A veto message can be found here.
– AB 1513 by Assemblymember Ash Kalra (D-San Jose) – Registered home care aides: disclosure of contact information. A veto message can be found here.
– AB 1660 by Assemblymember Ash Kalra (D-San Jose) – Court reporter providers. A veto message can be found here.
– SB 149 by Senator Mike McGuire (D-Healdsburg) – Presidential primary elections: ballot access. A veto message can be found here.
– SB 169 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Education: sex equity. A veto message can be found here.
– SB 574 by Senator Ricardo Lara (D-Bell Gardens) – University of California: contracts: bidding. A veto message can be found here.
– SB 599 by Senator Anthony Portantino (D-La Cañada Flintridge) – Public Employees’ Medical and Hospital Care Act: Peace Officers Research Association of California Insurance and Benefits Trust. A veto message can be found here.
– SB 649 by Senator Ben Hueso (D-San Diego) – Wireless telecommunications facilities. A veto message can be found here.

For full text of the bills, visit: http://leginfo.legislature.ca.gov

 

Legislative Update for Sunday, October 15, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 262 by Assemblymember Rob Bonta (D-Oakland) – Public contracts: bid specifications: Buy Clean California Act. A signing message can be found here.
– AB 460 by Assemblymember Frank Bigelow (R-O’Neals) – Horse racing: satellite wagering facilities: fairs: funding.
– AB 634 by Assemblymember Susan Talamantes Eggman (D-Stockton) – Real property: solar energy systems.
– AB 837 by Assemblymember Evan Low (D-Campbell) – No party preference voters: partisan primary elections.
– AB 840 by Assemblymember Bill Quirk (D-Hayward) – Elections: vote by mail and provisional ballots.
– AB 851 by Assemblymember Anna Caballero (D-Salinas) – Local agency contracts.
– AB 857 by Assemblymember Philip Y. Ting (D-San Francisco) – State highways: property leases.
– AB 906 by Assemblymember Richard H. Bloom (D-Santa Monica) – Beverage containers: polyethylene terephthalate.
– AB 1111 by Assemblymember Eduardo Garcia (D-Coachella) – Removing Barriers to Employment Act: Breaking Barriers to Employment Initiative.
– AB 1525 by Assemblymember Catharine Baker (R-Dublin) – Firearms warnings.
– SB 31 by Senator Ricardo Lara (D-Bell Gardens) – California Religious Freedom Act: state agencies: disclosure of religious affiliation information.
– SB 45 by Senator Tony Mendoza (D-Artesia) – Political Reform Act of 1974: mass mailing prohibition.
– SB 173 by Senator Bill Dodd (D-Napa) – Real estate: Bureau of Real Estate.
– SB 233 by Senator Jim Beall (D-San Jose) – Foster children: records.
– SB 258 by Senator Ricardo Lara (D-Bell Gardens) – Cleaning Product Right to Know Act of 2017.
– SB 490 by Senator Steven Bradford (D-Gardena) – Wages: Barbering and Cosmetology Act: licensees.
– SB 542 by Senator Connie M. Leyva (D-Chino) – Manufactured Housing Act of 1980: notice of transfer and release of liability.
– SB 634 by Senator Scott T. Wilk (R-Lancaster) – Santa Clarita Valley Water Agency.

The Governor also announced that he has vetoed the following bills:

– AB 45 by Assemblymember Tony Thurmond (D-Richmond) – California School Employee Housing Assistance Grant Program. A veto message can be found here: https://www.gov.ca.gov/docs/AB_45_Veto_Message_2017.pdf
– AB 1019 by Assemblymember David Chiu (D-San Francisco) – California Uniform Construction Cost Accounting Commission. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1019_Veto_Message_2017.pdf
– AB 1029 by Assemblymember Shirley N. Weber (D-San Diego) – Comprehensive school safety plans. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1029_Veto_Message_2017.pdf
– AB 1209 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Employers: gender pay differentials. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1209_Veto_Message_2017.pdf
– AB 1264 by Assemblymember Eduardo Garcia (D-Coachella) – Special education pupils: individualized education program: meetings: school records. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1264_Veto_Message_2017.pdf
– AB 1408 by Assemblymember Ian C. Calderon (D-Whittier) – Crimes: supervised release. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1408_Veto_Message_2017.pdf
– SB 80 by Senator Bob Wieckowski (D-Fremont) – California Environmental Quality Act: notices. A veto message can be found here: https://www.gov.ca.gov/docs/SB_80_Veto_Message_2017.pdf
– SB 357 by Senator Ben Hueso (D-San Diego) – International trade and investment office: Mexico. A veto message can be found here: https://www.gov.ca.gov/docs/SB_357_Veto_Message_2017.pdf

For full text of the bills, visit: http://leginfo.legislature.ca.gov

 

Legislative Update for Saturday, October 14, 2017

SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:

– AB 46 by Assemblymember Jim Cooper (D-Elk Grove) – Employers: wage discrimination.
– AB 74 by Assemblymember David Chiu (D-San Francisco) – Housing.
– AB 208 by Assemblymember Susan Talamantes Eggman (D-Stockton) – Deferred entry of judgment: pretrial diversion.
– AB 424 by Assemblymember Kevin McCarty (D-Sacramento) – Possession of a firearm in a school zone.
– AB 434 by Assemblymember Catharine Baker (R-Dublin) – State Web accessibility: standard and reports.
– AB 616 by Assemblymember Cecilia Aguiar-Curry (D-Winters) – Pupil instruction: California State Summer School for Mathematics and Science: funding: tuition.
– AB 651 by Assemblymember Al Muratsuchi (D-Torrance) – Nonprofit health facilities: sale of assets: Attorney General approval.
– AB 693 by Assemblymember Jacqui V. Irwin (D-Thousand Oaks) – Firearms.
– AB 785 by Assemblymember Reginald Byron Jones-Sawyer Sr. (D-Los Angeles) – Firearms: possession of firearms by convicted persons.
– AB 822 by Assemblymember Anna Caballero (D-Salinas) – Institutional purchasers: sale of California produce.
– AB 932 by Assemblymember Philip Y. Ting (D-San Francisco) – Shelter crisis: homeless shelters. A signing message can be found here: https://www.gov.ca.gov/docs/AB_932_Signing_Message_2017.pdf
– AB 954 by Assemblymember David Chiu (D-San Francisco) – Food labeling: quality and safety dates.
– AB 997 by Assemblymember Cecilia Aguiar-Curry (D-Winters) – Alcoholic beverage licensees: winegrowers and beer manufacturers.
– AB 1008 by Assemblymember Kevin McCarty (D-Sacramento) – Employment discrimination: conviction history.
– AB 1022 by Assemblymember Jacqui V. Irwin (D-Thousand Oaks) – Information technology: Technology Recovery Plans: inventory.
– AB 1137 by Assemblymember Brian Maienschein (R-San Diego) – Housing developments: pet permissibility.
– AB 1145 by Assemblymember Bill Quirk (D-Hayward) – Conversion of existing overhead electric and communication facilities to underground locations: cable television corporations and cable operators.
– AB 1153 by Assemblymember Evan Low (D-Campbell) – Podiatry.
– AB 1158 by Assemblymember Kansen Chu (D-San Jose) – Carpet recycling.
– AB 1194 by Assemblymember Matthew M. Dababneh (D-Encino) – Elections: local bond measures: tax rate statement.
– AB 1344 by Assemblymember Shirley N. Weber (D-San Diego) – Voting rights: inmates and persons formerly incarcerated.
– AB 1403 by Assemblymember Jay P. Obernolte (R-Big Bear Lake) – Military and overseas voters.
– AB 1499 by Assemblymember Adam Gray (D-Merced) – Horse racing: state-designated fairs: allocation of revenues: gross receipts for sales and use tax.
– AB 1556 by Assemblymember Mark Stone (D-Scotts Valley) – Employment discrimination: unlawful employment practices.
– AB 1620 by Assemblymember Matthew M. Dababneh (D-Encino) – Political Reform Act of 1974: postgovernment employment.
– AB 1637 by Assemblymember Todd Gloria (D-San Diego) – City of San Diego: County of Santa Clara: housing authority: middle-income housing projects.
– AB 1655 by Assemblymember Tim Grayson (D-Concord) – University of California: requests from the California State Auditor’s Office: prohibition on coordination.
– AB 1674 by Assemblymember Tim Grayson (D-Concord) – University of California: nonresident student enrollment.
– AB 1701 by Assemblymember Tony Thurmond (D-Richmond) – Labor-related liabilities: original contractor. A signing message can be found here: https://www.gov.ca.gov/docs/AB_1701_Signing_Message_2017.pdf
– SB 230 by Senator Toni G. Atkins (D-San Diego) – Evidence: commercial sexual offenses.
– SB 286 by Senator Henry Stern (D-Agoura Hills) – Elections: voting.
– SB 302 by Senator Tony Mendoza (D-Artesia) – Joint powers agencies: Orange County Fire Authority: funds.
– SB 368 by Senator Mike McGuire (D-Healdsburg) – Horse racing: fairs: funding.
– SB 497 by Senator Anthony Portantino (D-La Canada Flintridge) – Firearms.
– SB 536 by Senator Richard Pan (D-Sacramento) – Firearm Violence Research Center: gun violence restraining orders.
– SB 541 by Senator Ben Allen (D-Santa Monica) – Water: school facility water capture practices.
– SB 550 by Senator Richard Pan (D-Sacramento) – Public school employment: meeting and negotiating: legal actions: settlement offer: attorney’s fees.
– SB 673 by Senator Josh Newman (D-Fullerton) – Pet Lover’s specialized license plates.
– SB 801 by Senator Henry Stern (D-Agoura Hills) – Aliso Canyon natural gas storage facility: electrical grid data: electricity demand reduction and response: energy storage solutions.
– SB 814 by the Committee on Governmental Organization – State real property: surplus.

The Governor also announced that he has vetoed the following bills:

– AB 530 by Assemblymember Jim Cooper (D-Elk Grove) – Public employment: collective bargaining: peace officers. A veto message can be found here: https://www.gov.ca.gov/docs/AB_530_Veto_Message_2017.pdf
– AB 531 by Assemblymember Jacqui V. Irwin (D-Thousand Oaks) – Office of Information Security: information security technologies. A veto message can be found here: https://www.gov.ca.gov/docs/AB_531_Veto_Message_2017.pdf
– AB 863 by Assemblymember Sabrina Cervantes (D-Corona) – Affordable Housing and Sustainable Communities Program. A veto message can be found here: https://www.gov.ca.gov/docs/AB_863_Veto_Message_2017.pdf
– AB 952 by Assemblymember Eloise Gomez Reyes (D-San Bernardino) – Teachers: Bilingual Teacher Professional Development Program: bilingual teacher shortage pathways. A veto message can be found here: https://www.gov.ca.gov/docs/AB_952_Veto_Message_2017.pdf
– AB 978 by Assemblymember Monique Lim?n (D-Santa Barbara) – Employment safety: injury and illness prevention program. A veto message can be found here: https://www.gov.ca.gov/docs/AB_978_Veto_Message_2017.pdf
– AB 1004 by Assemblymember Ian C. Calderon (D-Whittier) – Secretary of State: voter information Internet Web site. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1004_Veto_Message_2017.pdf
– AB 1068 by Assemblymember Lorena Gonzalez Fletcher (D-San Diego) – Prison Industry Authority: private employer: pilot program. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1068_Veto_Message_2017.pdf
– AB 1269 by Assemblymember Mark Stone (D-Scotts Valley) – Mobilehome Residents and Senior Protection Act. A veto message can be found here: https://www.gov.ca.gov/docs/AB_1269_Veto_Message_2017.pdf
– SB 304 by Senator Anthony Portantino (D-La Canada Flintridge) – Juvenile court school pupils: joint transition planning policy: individualized transition plan. A veto message can be found here: https://www.gov.ca.gov/docs/SB_304_Veto_Message_2017.pdf
– SB 345 by Senator Steven Bradford (D-Gardena) – Law enforcement agencies: public records. A veto message can be found here: https://www.gov.ca.gov/docs/SB_345_Veto_Message_2017.pdf
– SB 390 by Senator Tony Mendoza (D-Artesia) – Local control and accountability plans: annual goals: state priorities: model school library standards. A veto message can be found here: https://www.gov.ca.gov/docs/SB_390_Veto_Message_2017.pdf
– SB 491 by Senator Steven Bradford (D-Gardena) – Civil rights: discrimination: enforcement. A veto message can be found here: https://www.gov.ca.gov/docs/SB_491_Veto_Message_2017.pdf
– SB 494 by Senator Ben Hueso (D-San Diego) – Language arts: reading: grant program. A veto message can be found here: https://www.gov.ca.gov/docs/SB_494_Veto_Message_2017.pdf
– SB 687 by Senator Nancy Skinner (D-Berkeley) – Health facilities: emergency services: Attorney General. A veto message can be found here: https://www.gov.ca.gov/docs/SB_687_Veto_Message_2017.pdf

For full text of the bills, visit: http://leginfo.legislature.ca.gov

[More…] »

Breaking News Links, Continuing Legal Education - CPDA, Self-Study - Video Streaming, Audios, DVDs, z (Self Study) »

New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
October 12, 2017 – 19:53 | Comments Off on New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego

Homicide Defense Practice

Recorded: Friday & Saturday, September 8-9, 2017

This page first published Thursday, Sept. 7, 2017 3:15 pm  | Last updated:  October 12, 2017 | 7:53 pm

[More…] »

Breaking News Links, 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
September 12, 2017 – 10:45 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

books-electronic-06

Most recent update: October 26, 2017 | 10:45 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. 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…] »

Awards, Breaking News Links »

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 07:21 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information

Award-4.jpbThe Defender of the Year Award

The Defender Program of the Year Award

The Gideon Award

The Honorable Rose Elizabeth Bird Award

 

In April of 2018, the California Public Defenders Association will present the following awards at its 49th Annual Convention, which will be held in Southern, California, exact location to be noted here the first week of October, 2017.

Defender of the Year Award 
Defender Program of the Year Award
Gideon Award
Honorable Rose Elizabeth Bird Award

The “Defender of the Year Award” was established to recognize a defender or defenders who, in the opinion of other defenders, deserve special recognition for their work in criminal defense practice.  In some cases this is due to a particular effort in a case, while in other cases it is for an entire body of work.  The recipient of the Defender of the Year Award last year was Alexander Simpson, Associate Director, California Innocence Project, San Diego, California. The award is open to both public defenders and private defense counsel. [More…] »

Breaking News Links, Juvenile Delinquency - Self-Study, Self-Study - Video Streaming, Audios, DVDs, z (Self Study) »

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:47 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program

CPDA’s 48th Annual Convention & MCLE Program

Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM

 


 

Traci Owens speaking at the 2017 Convention in Olympic Valley, CA

 


CPDA Continuing Legal Education & Training Program Coordinators:
Kathleen Cannon, Attorney at Law, Vista, California
CPDA Convention Coordinators
Traci Owens, Deputy Public Defender, Santa Clara County
Kathleen Pozzi, Public Defender, Sonoma County

 


Recorded Saturday April 29, 2017

[More…] »

Breaking News Links, CPDA Members »

New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
January 6, 2016 – 20:18 | Comments Off on New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store

 

The CLARANET App.

Claranet Subscribers Android Apps on Google PlayThe Claranet Subscribers App was created to help subscribers navigate the network of services available which includes a motions bank, articles and booklets bank, criminal practice codes, a huge library of self-study resources, a vBulletin and Yammer based forums, a list server (however, this app does not involve the email list server system – email programs are best left to handle that, presently).

The app also enables subscribers who use the new app to conduct direct messaging (one-to-one), and group messaging.  The app also includes some other handy features such as a calendar that includes links to register for CPDA continuing legal education events held throughout the state.   It’s easy to install and there’s no fees associated with use of the app as long as one maintains current membership in CPDA,  and pays the additional annual subscription fee for the Claranet service ($175/year).

Two download options for the Claranet App:

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

2. Download from the Apple App Store:
https://itunes.apple.com/us/app/claranet-subscribers/id1067854635?mt=8

[More…] »

ClaranetZap App »

Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
March 10, 2015 – 00:56 | Comments Off on Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP

claranetzap.teamapp.com 2015-03-06 22-14-58It’s not that complicated to install the Team App engine for the new ClaranetZap App [More…] »

Criminal Law Case Summaries: September-October 2017
October 29, 2017 – 19:13 | Comments Off on Criminal Law Case Summaries: September-October 2017
Criminal Law Case Summaries: September-October 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. In re N.R. (2017) Cal.App.5th , reported on September 22, 2017, in 2107 Los Angeles Daily Journal 9303, the Second Appellate District, Division …

THE WEEK’S CASES: for the week ending November 17, 2017
November 18, 2017 – 12:09 | Comments Off on THE WEEK’S CASES: for the week ending November 17, 2017
THE WEEK’S CASES: for the week ending November 17, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JUDGE SITS AS A THIRTEENTH JUROR WHEN RULING ON NEW TRIAL MOTION
The defendant moved for a new trial on the ground that the evidence …

California – 2017 Cumulative Legislative Update Through October 15, 2017
October 15, 2017 – 23:07 | Comments Off on California – 2017 Cumulative Legislative Update Through October 15, 2017
California – 2017 Cumulative Legislative Update Through October 15, 2017

Legislative Update #2 for Sunday, October 15, 2017
SACRAMENTO – Governor Edmund G. Brown Jr. today announced that he has signed the following bills:
– AB 22 by Assemblymember Rob Bonta (D-Oakland) – Secretary of State: storing …

New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
October 12, 2017 – 19:53 | Comments Off on New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego
New Self-Study Video – Homicide Defense Practice, September 8-9, 2017 – San Diego

Homicide Defense Practice
Recorded: Friday & Saturday, September 8-9, 2017
This page first published Thursday, Sept. 7, 2017 3:15 pm  | Last updated:  October 12, 2017 | 7:53 pm

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
September 12, 2017 – 10:45 | 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: October 26, 2017 | 10:45 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 …

CPDA 2018 Annual Awards Notice and Nomination Process Information
September 6, 2017 – 07:21 | Comments Off on CPDA 2018 Annual Awards Notice and Nomination Process Information
CPDA 2018 Annual Awards Notice and Nomination Process Information

The Defender of the Year Award
The Defender Program of the Year Award
The Gideon Award
The Honorable Rose Elizabeth Bird Award
 
In April of 2018, the California Public Defenders Association will present the following awards at its 49th …

(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
May 19, 2017 – 13:47 | Comments Off on
(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program
<center>(Updated Version) New Self-Study Video – Recorded Saturday, April 29, 2017 – CPDA’s 48th Annual Convention & MCLE Program<br></center>

CPDA’s 48th Annual Convention & MCLE Program
Recorded Saturday, April 29, 2017 – Resort at Squaw Creek

This page updated Friday, May 19, 2017 1:46 PM | First published Saturday, April 29, 2017  7:11 PM
 

 
 

CPDA Continuing Legal …

New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
January 6, 2016 – 20:18 | Comments Off on New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store
New mobile apps for Claranetters and CPDA members – Download from the Apple &/or Google Play store

 
The CLARANET App.
The Claranet Subscribers App was created to help subscribers navigate the network of services available which includes a motions bank, articles and booklets bank, criminal practice codes, a huge library of self-study resources, a …

Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
March 10, 2015 – 00:56 | Comments Off on Get the App! It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP
Get the App!  It’s the way to go with Claranet if you use iPads, iPhones, Androids….Just three (3) quick steps to install the FREE CLARANETZAP APP

It’s not that complicated to install the Team App engine for the new ClaranetZap App

THE WEEK’S CASES: for the week ending November 10, 2017
November 10, 2017 – 14:22 | Comments Off on THE WEEK’S CASES: for the week ending November 10, 2017
THE WEEK’S CASES: for the week ending November 10, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CHALLENGING SEARCHES AFTER A SEIZURE WITHOUT REASONABLE SUSPICION
I’ve been trying, literally for decades, to get everyone to stop using the term “standing” when referring …

THE WEEK’S CASES: for the week ending November 3, 2017
November 3, 2017 – 22:02 | Comments Off on THE WEEK’S CASES: for the week ending November 3, 2017
THE WEEK’S CASES: for the week ending November 3, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FAILURE TO DISCLOSE VIDEOTAPE OF MIRANDA INVOCATION WAS BRADY ERROR
Great case. The interrogating police officer testified that the defendant waived his Miranda rights. The …

THE WEEK’S CASES: for the week ending October 27, 2017
October 27, 2017 – 06:35 | Comments Off on THE WEEK’S CASES: for the week ending October 27, 2017
THE WEEK’S CASES: for the week ending October 27, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
USING CASE-SPECIFIC HEARSAY TO IMPEACH A DEFENSE EXPERT
A Sanchez (63 C4 665) case with a twist. In Sanchez, the Cal. Supremes held, “When any …

THE WEEK’S CASES: for the week ending October 20, 2017
October 20, 2017 – 11:54 | Comments Off on THE WEEK’S CASES: for the week ending October 20, 2017
THE WEEK’S CASES: for the week ending October 20, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 36 3-STRIKES AND GOOD CAUSE TO FAIL TO FILE FOR RELIEF ON TIME
This is a Prop. 36 3-Strikes case. I haven’t seen this …

Closes 10/27/2017">Employment Opportunity – Deputy Public Defender I/II/III – Lassen County – Closes 10/27/2017
October 20, 2017 – 08:46 | Comments Off on Employment Opportunity – Deputy Public Defender I/II/III – Lassen County – Closes 10/27/2017
Closes 10/27/2017">

 
Download this notice in PDF format: http://www.claranet.us/wp-content/uploads/2017/10/Lassen-Deputy-Public-Defender-I-II-III-2017-10-27-2017.pdf
 
 

THE WEEK’S CASES: for the week ending October 13, 2017
October 13, 2017 – 16:37 | Comments Off on THE WEEK’S CASES: for the week ending October 13, 2017
THE WEEK’S CASES: for the week ending October 13, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
JUROR DISCUSSION OF THE DEFENDANT NOT TESTIFYING NOT MISCONDUCT
On your request, the judge is required to give CALCRIM 355, telling the jury that they …

THE WEEK’S CASES: for the week ending October 6, 2017
October 7, 2017 – 01:28 | Comments Off on THE WEEK’S CASES: for the week ending October 6, 2017
THE WEEK’S CASES: for the week ending October 6, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
INTERNET WEBSITE INFORMATION CAN BE RELIED UPON BY CRIMINALISTS TO IDENTIFY DRUGS
In Stamps (3 CA5th 988) the criminalist was permitted to testify to the …

THE WEEK’S CASES: for the week ending September 29, 2017
September 29, 2017 – 20:19 | Comments Off on THE WEEK’S CASES: for the week ending September 29, 2017
THE WEEK’S CASES: for the week ending September 29, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FAILURE TO CHARGE A PRIOR AS A STRIKE BARS SENTENCING AS A STRIKE
The defendant had a prior conviction. The conviction was a strike prior, …

THE WEEK’S CASES: for the week ending September 22, 2017
September 22, 2017 – 06:43 | Comments Off on THE WEEK’S CASES: for the week ending September 22, 2017
THE WEEK’S CASES: for the week ending September 22, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ONCE PROBATION ENDS, NO MORE JAIL
Big win for our own Lara Kislinger. The defendant is put on felony probation in 2007. In 2010, after …

THE WEEK’S CASES: for the week ending September 15, 2017
September 16, 2017 – 11:21 | Comments Off on THE WEEK’S CASES: for the week ending September 15, 2017
THE WEEK’S CASES: for the week ending September 15, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CONSENT TO TEST FOR ALCOHOL IS NOT CONSENT TO TEST FOR DRUGS
The defendant was arrested for DUI. The police officer told him he could …

THE WEEK’S CASES: for the week ending September 8, 2017
September 8, 2017 – 09:36 | Comments Off on THE WEEK’S CASES: for the week ending September 8, 2017
THE WEEK’S CASES: for the week ending September 8, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRAWFORD REPEALED ARANDA/BRUTON
Crawford (541 US 36) held that admission of testimonial hearsay violates the Confrontation clause. Aranda (63 C2d 518) and Bruton (391 US …

THE WEEK’S CASES: for the week ending September 1, 2017
September 1, 2017 – 13:49 | Comments Off on THE WEEK’S CASES: for the week ending September 1, 2017
THE WEEK’S CASES: for the week ending September 1, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
FELONY MURDER BASED ON THE FAILURE OF THE DEFENDANT TO ACT
This is a really crazy case, taking the felony-murder rule to an extreme. The …

THE WEEK’S CASES: for the week ending August 25, 2017
August 25, 2017 – 22:18 | Comments Off on THE WEEK’S CASES: for the week ending August 25, 2017
THE WEEK’S CASES: for the week ending August 25, 2017

THE WEEK’S CASES: for the week ending August 25, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DEATH PENALTY INITIATIVE UPHELD; TIME LIMITS ARE EXHORTATORY
This case resolves the challenges to Prop. 66, …

Criminal Law Case Summaries: July – August 2017
August 23, 2017 – 21:29 | Comments Off on Criminal Law Case Summaries: July – August 2017
Criminal Law Case Summaries: July – August 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Jones (2017) Cal.5th , reported on July 21, 2017, in 2107 Los Angeles Daily Journal 7012, the California Supreme Court held …

THE WEEK’S CASES: for the week ending August 18, 2017
August 18, 2017 – 11:37 | Comments Off on THE WEEK’S CASES: for the week ending August 18, 2017
THE WEEK’S CASES: for the week ending August 18, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
HUMAN TRAFFICKING: CONSPIRACY AND THE CONSTITUTION
In 2012, Prop. 35 made various changes to human trafficking laws. One change was that trafficked minors were made …

THE WEEK’S CASES: for the week ending August 11, 2017
August 11, 2017 – 13:04 | Comments Off on THE WEEK’S CASES: for the week ending August 11, 2017
THE WEEK’S CASES: for the week ending August 11, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DOES FINDING SOME LEGAL MARIJUANA PERMIT FURTHER SEARCHING?
We’re getting lots of cases with the following problem. The police stop a car or detain a …

THE WEEK’S CASES: for the week ending August 4, 2017
August 4, 2017 – 10:28 | Comments Off on THE WEEK’S CASES: for the week ending August 4, 2017
THE WEEK’S CASES: for the week ending August 4, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
THE WEEK’S CASES: for the week ending July 28, 2017
by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DISCOVERY OF SEALED JUVENILE …