Employment Opportunity: Assistant Public Defender IV-V, County of Lassen
February 22, 2018 – 16:45 | Comments Off on Employment Opportunity: Assistant Public Defender IV-V, County of Lassen

 
DOWNLOAD a copy of this notice in PDF format:  Lassen-Assistant Public Defender IV

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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, Criminal Law Summaries by Gary Mandinach, Digests - Mandinach »

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

Mandinach

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 2 held that the trial court did not err by failing to instruct the jury on heat of passion voluntary manslaughter where ordinary, sober person of average disposition would not have acted rashly in response to the victim’s actions. Here there was a mistake of fact. (People v. Beardslee (1991) 53 Cal.3d 68, 87-88.) The defendant shot Olivera with the belief that he was shooting Jones, and with the intent to kill him. Therefore the defendant is guilty of attempted murder because the defendant’s guilt is determined as if the facts were as he perceived them. (Ibid.) Heat of passion is not an element of voluntary manslaughter, but a theory of partial exculpation that reduces murder to manslaughter by negating the element of malice. (People v. Moye (2009) 47 Cal.4th 537, 549.) To satisfy the reasonable person element of this form of voluntary manslaughter, the accused’s heat of passion must be due to “sufficient provocation.” (People v. Rivera (2011) 201 Cal.App.4th 3 53, 3 66.)

2. People v. Huynh (2018) Cal.App.5th , reported on January 23, 2018, in 2018 Los Angeles Daily Journal 737, the Sixth Appellate District held that a prosecuting agency was in constructive possession of the readily extractable data on a defendant’s cellphone while it was in possession of the phone and so it should have disclosed this category of evidence to the defense at least 30 days before trial pursuant to section 1054.1. The prosecutor’s failure to disclose was not prejudicial where the trial court limited the prosecutor’s ability to use the data, allowed the defense to review the materials, and offered the defendant additional time to prepare for trial in light of this evidence. (See People v. Gonzalez (1994) 22 Cal.App.4th 1744, 1757-1758; People v. Jordan (2003) 108 Cal.App.4th 349, 358; see also People v. Partida (2005) 37 Cal.4th 428, 436 [the court’s ruling did not result in fundamental unfairness.]) An expert’s testimony as to a gang’s [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
February 21, 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 Queen 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 – March 27th, 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…] »

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 February 16, 2018
February 16, 2018 – 23:11 | Comments Off on 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 [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…] »

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

CPDA Presents: The 49th Annual Convention & MCLE Program – April 28th – Queen Mary Hotel
February 21, 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 Queen Highway, Long Beach, CA 90802
Convention Chair
Arlene Speiser, Assistant Public Defender, Orange County
Training Committee Co-Chairs
Kathleen Cannon, Attorney …

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 …

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 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 …

Criminal Law Case Summaries: December-January 2017-2018
January 19, 2018 – 10:58 | Comments Off on Criminal Law Case Summaries: December-January 2017-2018
Criminal Law Case Summaries: December-January 2017-2018

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Sanchez (2017) Cal.App.5th , reported on December 21, 2017, in 2017 Los Angeles Daily Journal 12026, the Fifth Appellate District held …

THE WEEK’S CASES: for the week ending January 12, 2018
January 12, 2018 – 19:28 | Comments Off on THE WEEK’S CASES: for the week ending January 12, 2018
THE WEEK’S CASES: for the week ending January 12, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
REVERSAL FOR A HEARING ON WHETHER RACISM INFECTED A DEATH VERDICT
This is an unsigned, per curiam order from the US Supremes. The defendant was …

THE WEEK’S CASES: for the week ending January 5, 2018
January 4, 2018 – 20:48 | Comments Off on THE WEEK’S CASES: for the week ending January 5, 2018
THE WEEK’S CASES: for the week ending January 5, 2018

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
TIME LIMIT FOR PRELIM. AFTER REINSTATEMENT OF PROCEEDINGS
The defendant was charged with various felonies. He waived time for his prelim. He was then found …

THE WEEK’S CASES: for the week ending December 29, 2017
December 29, 2017 – 20:44 | Comments Off on THE WEEK’S CASES: for the week ending December 29, 2017
THE WEEK’S CASES: for the week ending December 29, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
LIMITATION ON USE OF GANG INJUNCTIONS
For a long time, literally decades, the prosecution has been using civil “gang” injunctions against our clients. Typically, the …

Criminal Law Case Summaries: November-December 2017
December 28, 2017 – 10:43 | Comments Off on Criminal Law Case Summaries: November-December 2017
Criminal Law Case Summaries: November-December 2017

by Gary Mandinach, Attorney at Law, California Appellate Project, Los Angeles, California
1. People v. Gollardo (2017) Cal.App.5th , reported on November 21, 2017, in 2107 Los Angeles Daily Journal 11028, the First Appellate District, Division …

THE WEEK’S CASES: for the week ending December 22, 2017
December 23, 2017 – 17:19 | Comments Off on THE WEEK’S CASES: for the week ending December 22, 2017
THE WEEK’S CASES: for the week ending December 22, 2017

by Al Menaster, Deputy Public Defender, Los Angeles County Public Defender’s Office.
LIMITATION ON LOOKING AT THE RECORD TO DETERMINE WHETHER A PRIOR IS A STRIKE
Big win for the defense. What, exactly, can a trial court …

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) …

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 …

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 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 …