April 26, 2018 – 11:42 | Comments Off on New Self-Study Live Broadcast Notice – CPDA’s 49th Annual Convention – Sat., April 28, 2018 – 8:30 AM

Live broadcast set for Saturday, April 28, 2018

See below for the exact time schedule for topics and speakers.
(Note: You must log in to view this members-only content below (see login box on the upper right panel of …

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Criminal Justice News
z (Self Study)
Digests – Mandinach
Nuts & Bolts – Towery
Week’s c….Menaster

Case Digests, Criminal Law Case Law Digests, Publications, and Reviews, The Week's Cases, Week's c....Menaster »

THE WEEK’S CASES: for the week ending April 27, 2018
April 26, 2018 – 15:50 | Comments Off on THE WEEK’S CASES: for the week ending April 27, 2018

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

DOES THE COURT HAVE THE POWER TO DISMISS EVEN AFTER THE CASE IS OVER? NOPE
Does the court’s power under PC 1385 to dismiss a case in the interests of justice give the court the power to dismiss even after the case is totally over, including probation? The Cal. Supremes say no: “at the point when a court may no longer impose final judgment on a defendant, its authority for granting him relief under section 1385 runs out.” The court does state that during the term of probation, the judge retains the power to dismiss the case under 1385. What about PC 1203.4, which the statute refers to as expungement? They say that when a defendant successfully completes probation, the defendant can seek and obtain relief under PC 1203.4, even after the case is over, because the statute expressly provides for such relief. The Supremes note but don’t address PC 1473.7, providing for relief where a defendant didn’t understand the immigration consequences of a plea; that section permits relief at any time, essentially going back forever.
People v. Chavez; S238979; 4/26/18; Cal. Supremes

IMMIGRATION STATUTE VOID FOR VAGUENESS
No, it’s not deja vu. Yes, I reported this case last week. But I discussed only the impact on immigration issues our clients face. There’s another issue to discuss, and it’s a biggie. Again, the case involved the term “a crime of violence” in the federal immigration statute defining aggravated felonies. A conviction for a crime of violence often has serious or fatal immigration consequences. [More…] »

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

Criminal Law Case Summaries: March-April 2018
April 23, 2018 – 12:12 | Comments Off on Criminal Law Case Summaries: March-April 2018

Mandinach

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

People v. Arrendondo (2018) Cal.App.5th , reported on March 21, 2018, in 2018 Los Angeles Daily Journal 2526, the Fourth Appellate District, Division 1 held that an attorney may reasonably concede the impact of overwhelming evidence in an effort to establish his credibility and use that credibility as a means of diminishing the scope of his client’s responsibility. (See People v. Lucas (1995) 12 Cal.4th 415, 446-447.) While prosecutors may express their disgust with the conduct of defendants shown by the evidence, prosecutors may not suggest to the jury that a guilty verdict is required because of the need to punish a group, here a gang, with whom the defendants are associated or because of some uncharged and unspecified crimes the defendants or others may have committed in the past. A prosecutor’s description of the defendants and the other participants in the crime as “cockroaches” who together with others pose a hidden threat to the community, plainly suggested guilt by association and responsibility for uncharged acts. The use of the epithets such as cockroaches, which were but fleeting characterizations in the course of the prosecutor’s very lengthy summations did not constitute the misconduct. (See People v. Tully (2012) 54 Cal.4th 952, 1021.) Here the use of the epithets were not fleeting, but were relentless from opening argument to closing argument. The Court of Appeal found that the major theme was highly improper, and reversed the gang enhancement, but not the murder conviction or the special circumstance.

2. People v. Diaz (2018) Cal.App.5th , reported on March 22, 2018, in 2018 Los Angeles Daily Journal 2591, the Fifth Appellate District held that where the defendant was convicted of felony murder based on the murder of the victim during the course of an attempted carjacking, the crime of attempted carjacking is not a lesser-included offense. The defendant was only 14 at the time of the offenses. Before the defendant’s case became final, Prop 57 was passed, and as a result the matter is remanded back to the juvenile court for a fitness hearing and to determine if the matter [More…] »

Breaking News Links, Continuing Legal Education - CPDA, Continuing Legal Education - Live and On-Line Self Study, MCLE Events - CPDA »

CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel
March 13, 2018 – 11:17 | Comments Off on CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel

The California Public Defenders Association presents…CPDA’s 49th Annual Convention

Saturday April 28, 2018
Queen Mary Hotel

1126 Queens Highway, Long Beach, CA 90802

Convention Chair
Arlene Speiser, Assistant Public Defender, Orange County

Training Committee Co-Chairs
Kathleen Cannon, Attorney at Law, San Diego California
Bart Sheela, Deputy Alternate Public Defender, San Diego County

This is CPDA’s 49th annual convention seminar and we have some very special continuing legal education presentations scheduled for you! Lectures will include a review of 2017-2018 case law, presentations on a variety of cutting-edge criminal defense topics, and will provide you with hours of excellent MCLE-accredited participatory credits. CPDA has reserved a room block at the hotel at a special rate. Note: There is an early cut-off date for discounted lodging – April 3rd, so make your lodging reservations as soon as possible (see below for details).


Register for this program online at:  http://defender411.us/2018-04R


CPDAs 49th Annual Convention Program Schedule [More…] »

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

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
December 12, 2017 – 11:15 | Comments Off on Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders

books-electronic-06

Most recent update: December 12, 2017 | 11:15 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…] »

Breaking News Links, Legislative Issues / New Statutes / Initiatives / Court Rules / Court Proposed Rules / Major Court Opinions »

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

  [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, 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: March-April 2018
April 23, 2018 – 12:12 | Comments Off on Criminal Law Case Summaries: March-April 2018
Criminal Law Case Summaries: March-April 2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
People v. Arrendondo (2018) Cal.App.5th , reported on March 21, 2018, in 2018 Los Angeles Daily Journal 2526, the Fourth Appellate District, Division 1 …

THE WEEK’S CASES: for the week ending April 27, 2018
April 26, 2018 – 15:50 | Comments Off on THE WEEK’S CASES: for the week ending April 27, 2018
THE WEEK’S CASES: for the week ending April 27, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
DOES THE COURT HAVE THE POWER TO DISMISS EVEN AFTER THE CASE IS OVER? NOPE
Does the court’s power under PC 1385 to dismiss a …

CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel
March 13, 2018 – 11:17 | Comments Off on CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel
CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel

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

Proposition 47: The Safe Neighborhoods and Schools Act of 2014 – Resource Center for Defenders
December 12, 2017 – 11:15 | 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: December 12, 2017 | 11:15 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 …

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

(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 April 20, 2018
April 23, 2018 – 14:42 | Comments Off on THE WEEK’S CASES: for the week ending April 20, 2018
THE WEEK’S CASES: for the week ending April 20, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
IMMIGRATION STATUTE VOID FOR VAGUENESS
This is an immigration case with a tremendous impact on our practice. If a defendant is convicted of “a crime …

RECAP – Capital Case Defense Developments – Editions May 2014 – Present
April 17, 2018 – 15:07 | Comments Off on RECAP – Capital Case Defense Developments – Editions May 2014 – Present
RECAP – Capital Case Defense Developments – Editions May 2014 – Present

Note: RECAP editions #316 through current are in MS Word format. Previous to that, the

THE WEEK’S CASES: for the week ending April 13, 2018
April 14, 2018 – 10:55 | Comments Off on THE WEEK’S CASES: for the week ending April 13, 2018
THE WEEK’S CASES: for the week ending April 13, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
COMMITMENTS TO DJF ARE PERMITTED ONLY ON A SHOWING DJF HAS A PROGRAM FOR THE MINOR
Wow, big deal case. WIC (734) says that a …

THE WEEK’S CASES: for the week ending April 6, 2018
April 7, 2018 – 07:56 | Comments Off on THE WEEK’S CASES: for the week ending April 6, 2018
THE WEEK’S CASES: for the week ending April 6, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REQUIRING DNA SWABS ON ALL FELONY ARRESTEES
In Maryland v. King (133 S.Ct. 1958), the US Supremes upheld a Maryland law providing that anyone arrested …

THE WEEK’S CASES: for the week ending March 30, 2018
March 31, 2018 – 07:52 | Comments Off on THE WEEK’S CASES: for the week ending March 30, 2018
THE WEEK’S CASES: for the week ending March 30, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47; CRIMES COMMITTED BEFORE 47 AND A CHANGE IN THE LAW
In 2013, H&S 11379 was amended to provide that transportation of drugs without …

THE WEEK’S CASES: for the week ending March 23, 2018
March 23, 2018 – 19:32 | Comments Off on THE WEEK’S CASES: for the week ending March 23, 2018
THE WEEK’S CASES: for the week ending March 23, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROSECUTORIAL MISCONDUCT: NAME

Criminal Law Case Summaries: February-March 2018
March 22, 2018 – 19:32 | Comments Off on Criminal Law Case Summaries: February-March 2018
Criminal Law Case Summaries: February-March 2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Tran (2018) Cal.App.5th , reported on February 21, 2018, in 2018 Los Angeles Daily Journal 1564, the Fourth Appellate District, Division …

THE WEEK’S CASES: for the week ending March 16, 2018
March 17, 2018 – 09:07 | Comments Off on THE WEEK’S CASES: for the week ending March 16, 2018
THE WEEK’S CASES: for the week ending March 16, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
ESTES ROBBERIES AND FALSE PRETENSES; LATE DISCOVERY
The defendant put a UPC sticker from one item onto another, to buy the second item more cheaply. …

THE WEEK’S CASES: for the week ending March 9, 2018
March 10, 2018 – 09:23 | Comments Off on THE WEEK’S CASES: for the week ending March 9, 2018
THE WEEK’S CASES: for the week ending March 9, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
NO-BAIL PREVENTIVE DETENTION ORDERS
The defendant in this case was charged with kidnapping with intent to commit rape and assault with intent to commit rape …

THE WEEK’S CASES: for the week ending March 2, 2018
March 2, 2018 – 19:27 | Comments Off on THE WEEK’S CASES: for the week ending March 2, 2018
THE WEEK’S CASES: for the week ending March 2, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
A SENTENCE OF 50 YEARS TO LIFE IMPOSED ON A JUVENILE IS UNCONSTITUTIONAL
Graham (560 US 48) and Caballero (55 C4th 262) together hold that …

THE WEEK’S CASES: for the week ending February 23, 2018
February 23, 2018 – 23:21 | Comments Off on THE WEEK’S CASES: for the week ending February 23, 2018
THE WEEK’S CASES: for the week ending February 23, 2018

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

Criminal Law Case Summaries: January-February 2018
February 20, 2018 – 16:13 | Comments Off on Criminal Law Case Summaries: January-February 2018
Criminal Law Case Summaries: January-February 2018

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

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

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47, CUSTODY

THE WEEK’S CASES: for the week ending February 9, 2018
February 9, 2018 – 20:54 | Comments Off on THE WEEK’S CASES: for the week ending February 9, 2018
THE WEEK’S CASES: for the week ending February 9, 2018

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

THE WEEK’S CASES: for the week ending February 2, 2018
February 2, 2018 – 20:48 | Comments Off on THE WEEK’S CASES: for the week ending February 2, 2018
THE WEEK’S CASES: for the week ending February 2, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
BAIL: ABILITY TO PAY AND ALTERNATIVES TO MONEY BAIL MUST BE CONSIDERED
This is a must read, big deal case. The C/A says that the …

THE WEEK’S CASES: for the week ending January 26, 2018
January 29, 2018 – 12:13 | Comments Off on THE WEEK’S CASES: for the week ending January 26, 2018
THE WEEK’S CASES: for the week ending January 26, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROBABLE CAUSE TO ARREST AND PRETEXT STOPS
The police responded to a call about a noisy party and found many people having a wild time. …

THE WEEK’S CASES: for the week ending January 19, 2018
January 19, 2018 – 15:57 | Comments Off on THE WEEK’S CASES: for the week ending January 19, 2018
THE WEEK’S CASES: for the week ending January 19, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
WHEN IS A DEFENDANT IN CUSTODY, THEREBY TRIGGERING MIRANDA?
It’s interesting that after all the years where we rarely won a Miranda motion in an …