Nuts & Bolts of Introducing and Challenging Media Evidence (911 Calls, Body Cameras, Video Statements, etc.)
December 17, 2017 – 11:50 | Comments Off on Nuts & Bolts of Introducing and Challenging Media Evidence (911 Calls, Body Cameras, Video Statements, etc.)

 
Nuts & Bolts of Introducing and Challenging Media Evidence (911 Calls, Body Cameras,

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THE WEEK’S CASES: for the week ending December 15, 2017
December 15, 2017 – 20:07 | Comments Off on THE WEEK’S CASES: for the week ending December 15, 2017

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

CRAWFORD REPEALED ARANDA/BRUTON, AGAIN
My pick for the 2017 outrage of the year is Washington (15 CA5th 19), which held that Crawford (541 US 36) wiped out Bruton (391 US 123) and thus Aranda (63 C2d 518). Aranda/Bruton held that the admission of one defendant’s hearsay statement against a co-defendant is inadmissible even with a limiting instruction. This C/A agrees with Washington, saying that Crawford limited exclusion of hearsay to testimonial evidence, so the statement has to have been given for the primary purpose of establishing a past fact for use in a criminal trial. Their point is that the declarant Angel didn’t know his statements (to paid informants in jail) were going to be used to prove past facts. But Aranda and Bruton aren’t just about confrontation, they are also about due process. The US Supremes in Bryant expressly noted that hearsay not barred by the Confrontation clause still has to survive a due process challenge. (Bryant, 562 US 344, fn. 13.) The C/A in Washington said that due process didn’t bar the statement there, saying how trustworthy these kinds of statements are. This C/A ends up excluding admission of the statements, finding that they don’t qualify as declarations against interest because Angel minimized his involvement in the shooting and laid the blame on the co-defendants. Due process? Not discussed. In the end, these defendants win, the first time the change in the law governing admission of declarations against interest made in Grimes (1 C5th 698) has resulted in a defense win. Angel argues that his own statement isn’t admissible under PC 4001.1(b), which says, “No law enforcement agency and no in-custody informant acting as an agent for the agency, may take some action, beyond merely listening to statements of a defendant, that is deliberately designed to elicit incriminating remarks.” The C/A says that 4001.1 only applies to charged offenses, and Angel’s statements with the informants occurred before he was actually charged. This is outrageous and nutso.
People v. Gallardo; B269034; 12/6/17; C/A 2nd, Div. 7

FAILURE TO ALLEGE A PRIOR AS A FIVE-YEAR FELONY
The DA filed an Information alleging a first-degree burglary with a first-degree burglary prior. The prior was alleged as a strike prior, but not as a serious felony prior (often called a “nickle” prior because it adds 5 years) under PC 667(a). The DA caught the omission during sentencing and got the judge to impose the 5 years anyway. The C/A reverses. The DA never filed the prior as a PC 667(a) prior but only as a strike prior, so the court couldn’t impose the 5 years.
People v. Nguyen; E066293; 12/11/17; C/A 4th, Div. 2

NEW CHARGES FILED WHEN A DEFENDANT IS INCOMPETENT
A defendant who is incompetent under PC 1368 on a felony can’t be kept in custody beyond the maximum available custody time for the underlying offense or 3 years, whichever is [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
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…] »

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

Criminal Law Case Summaries: October-November 2017
November 22, 2017 – 11:13 | Comments Off on Criminal Law Case Summaries: October-November 2017

Mandinach

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

1. People v. Gonzales (2017) Cal.App.5th , reported on October 24, 2017, in 2107 Los Angeles Daily Journal 10184, the Second Appellate District, Division 6 held that the trial court did not err in instructing with CALCRIM No. 1191, when the evidence of uncharged sex offenses by the defendant committed against the victim came through the victim’s own testimony; such testimony is not as probative as similar testimony from a third party, but it is still probative. The defendant had argued that the victim was permitted to corroborate her own testimony. This type of testimony generally comes in under Evidence Code section 1108. The court also found that the court did not err in instructing with CALCRIM 1193, pertaining to the expert witness and the CSAAS testimony; and said instruction did not violate due process.

2. Gholipour v. Superior Court (2017) Cal.App.5th , reported on October 25, 2017, in 2107 Los Angeles Daily Journal 10227, the Fourth Appellate District, Division 1 held that generally, when a person has been released on probation or mandatory supervision, section 1203.9, subdivision (a)(1) requires the transfer of the case to the county where the person resides; however section 1203.9, subdivision (a)(3) preserves the transferring court’s power to order restitution until it has made a determination as to the amount of restitution, and its determination is final.

3. People v. Malik (2017) Cal.App.5th , reported on October 25, 2017, in 2107 Los Angeles Daily Journal 10229, the Third Appellate District held that the court erred in admitting evidence, in violation of People v. Sanchez (2016) 63 Cal.4th 665. The defendant’s right of confrontation was violated by the prosecutor’s use of case-specific testimonial hearsay to impeach a defense expert on cross-examination pertaining to case-specific testimonial hearsay from the police reports to the jury during [More…] »

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

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, 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: October-November 2017
November 22, 2017 – 11:13 | Comments Off on Criminal Law Case Summaries: October-November 2017
Criminal Law Case Summaries: October-November 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Gonzales (2017) Cal.App.5th , reported on October 24, 2017, in 2107 Los Angeles Daily Journal 10184, the Second Appellate District, Division …

THE WEEK’S CASES: for the week ending December 15, 2017
December 15, 2017 – 20:07 | Comments Off on THE WEEK’S CASES: for the week ending December 15, 2017
THE WEEK’S CASES: for the week ending December 15, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRAWFORD REPEALED ARANDA/BRUTON, AGAIN
My pick for the 2017 outrage of the year is Washington (15 CA5th 19), which held that Crawford (541 US 36) …

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 December 8, 2017
December 8, 2017 – 17:02 | Comments Off on THE WEEK’S CASES: for the week ending December 8, 2017
THE WEEK’S CASES: for the week ending December 8, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
CRIMINAL PROTECTIVE ORDERS IN DOMESTIC VIOLENCE CASES
PC 1203.097 says that when a court grants probation for a domestic violence offense, the court must impose …

THE WEEK’S CASES: for the week ending December 1, 2017
December 1, 2017 – 18:28 | Comments Off on THE WEEK’S CASES: for the week ending December 1, 2017
THE WEEK’S CASES: for the week ending December 1, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
PROP. 47 AND JOYRIDING
Prop. 47 requires reduction of a grand-theft auto (GTA; PC 487(d)) to a misdemeanor if the stolen car is worth $950 …

THE WEEK’S CASES: for the week ending November 24, 2017
November 25, 2017 – 12:22 | Comments Off on THE WEEK’S CASES: for the week ending November 24, 2017
THE WEEK’S CASES: for the week ending November 24, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REASONABLE CAUSE TO DETAIN, PROBABLE CAUSE TO ARREST
All-time great facts. Police trainee Cornell was out for a jog in Golden Gate Park in San …

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 …

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 …

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 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 …