May 2, 2023
May 2023 Panel Bulletin
Read on for a post-seminar thank you from FDAP, important information about electronic records, the 2023 edition of CALCRIM, First District… more
March 21, 2023
FDAP’s Annual Seminar: In-Person on April 14, 2023!
Join us on Friday, April 14, 2023 at Preservation Park for FDAP’s annual training seminar. See your colleagues in person,… more
First District Panel Victories
May 30, 2023
Panel Attorney: Karl Barry & Athena Shudde
In this consolidated appeal, the Court of Appeal held that the trial court erred by instructing the jury on CALCRIM No. 417 (liability for acts of coconspirators), which allowed a murder conviction as the natural and probable consequence of an uncharged drug conspiracy (without proof of malice), and that the error was not harmless beyond a reasonable doubt. The Court further held that the gang enhancements must be reversed because the instructions at trial did not comport with the new requirements of PC 186.22; none of the predicate offenses occurred “within three years of the date the current offense is alleged to have been committed,” and the jury was permitted to rely on the charged offenses in determining whether a pattern of criminal gang activity had been proven.
Recent Opinions & Review Grants
Short summaries of recent published opinions issued by the California Supreme Court, Courts of Appeal, and Appellate Divisions – and recent review grants issued by the California Supreme Court – in criminal, juvenile, and civil commitment cases.More
Pending Issues & Legislation
Information on pending issues in the California and United States Supreme Courts and on new and pending legislation in the California Legislature.More