Read on for important information about upcoming trainings, employment opportunities, and panel victories.

Upcoming Trainings From the Appellate Projects

In a collaborative effort, the appellate projects (CCAP, FDAP, ADI, SDAP & CAP-LA) will be providing MCLE trainings open to the statewide panel.

CDCR Insights: Classification, Programming, Resentencing – A Correctional Counselor’s Perspective (Hosted by ADI)
April 9, 2025, 12:00 – 1:00 p.m.
CDCR Counselor Clarence Hogan will provide information on the programming/jobs available at a prison, the new California Model, how an incarcerated person is classified and assigned to a prison, the process for determining which incarcerated person merits resentencing letters, and prison mail regulations, tablet usage, and visiting. 1.0 hours of general MCLE credit and appellate and criminal specialization will be offered. Registration Link

The Ethics of Client Communication (Hosted by ADI)
April 23, 2025, 12:00 – 1:00 p.m.
ADI staff attorneys Charles Anderson and Laura Furness will moderate a virtual discussion of strategies and ethical considerations when communicating with challenging clients. The presentation, which includes hypotheticals and polling questions, is relevant to both criminal and dependency appellate practitioners. The program qualifies for 1.0 hour of Ethics credit. Registration Link

Persuasive Legal Writing (Hosted by CAPLA)
April 29, 2025, 2:00 – 4:00 p.m.
Presented by Daniel U. Smith, retired Certified Appellate Specialist and member of the California Academy of Appellate Lawyers. In “Persuasive Legal Writing,” Mr. Smith teaches the key writing techniques that judges advocate to make legal writing persuasive. This is a general legal writing seminar on how to achieve clarity by writing that exemplifies brevity, simplicity, continuity and specificity. Attendees will receive a copy of Mr. Smith’s 140-page book, Persuasive Legal Writing, at no cost. 2 hours of MCLE credit. Attendance is limited to project staff and panel attorneys only.

Registration questions and information: Please email Bridget at bridget@lacap.com.

CADC Annual Conference and Seminar
May 16-17, 2025
Registration is now open for CADC’s Annual Conference and Seminar May 16-17, 2025, which will be held in San Diego at the Liberty Station Conference Center. The two-day conference will be filled with informative and inspiring presentations, including the Project Directors Roundtable, a report from CADC’s lobbyist, and criminal and dependency break-out sessions, providing a total of up to 8.5 hours of MCLE credit. For more information and to register, please visit CADC’s website.

Be a FDAP Staff Attorney!

FDAP is hiring one full-time staff attorney. Join us in the rewarding work of representing indigent parties in the California Courts of Appeal in criminal, delinquency, child dependency, and civil commitment appeals.

At FDAP, we are committed to diversity, equity, and inclusion in our workplace, our legal work, California’s justice system, and the legal profession. Benefits include robust health care coverage with no employee contribution to premiums.

FDAP is a hybrid office with staff working in the office twice per week; a full-remote schedule would be considered for particularly strong candidates.

Panel Victories

Below are a few noteworthy First District victories from this past month. There were other victories that could not be included. Please visit the FDAP website for a complete list of panel victories.

A169511 – [Unpublished Opinion | Ross Thomas] The Court of Appeal reversed the trial court’s denial of appellant’s motion for resentencing under PC 1172.75. Relying on People v. Espino (2024) 104 Cal.App.5th 118, review granted Oct. 23, 2024, S286987, and People v. Bravo (2025) 107 Cal.App.5th 1144, the court held that PC 1172.75 requires a full resentencing hearing where a now-invalid PC 667.5(b) one-year “prison prior” enhancement was part of the original judgment, even if the term had since been stricken.

A171549 – [Unpublished Opinion | Aida Aslanian] The Court of Appeal conditionally reversed the order terminating parental rights for compliance with the inquiry, notice, and documentation requirements of WIC 224.2, WIC 224.3 and rule 5.481(a)(5). On appeal, father argued that the record did not show that the Department provided the juvenile court with any return receipts or responses it received from the tribes relating to ICWA. The court found that the incomplete record made it difficult to determine whether tribal interests were adequately protected.

A168577 – [Unpublished Opinion | Aaron Schechter] The Court of Appeal struck a 5-year prior serious felony enhancement under PC 667(a) because it was not specifically pleaded in the information as required by PC 1170.1(e) and it violated due process, so the court remanded for a full resentencing.

A164581 – [Unpublished Opinion | Waldemar Halka] The Court of Appeal reversed appellant’s second-degree murder conviction, which was under an aiding and abetting implied murder theory, based on the California Supreme Court’s decision in People v. Reyes (2023) 14 Cal.5th 981. There was no evidence that appellant knew his codefendant intended to shoot the victim or that appellant intended to aid the codefendant in the shooting, which proximately caused the victim’s death.