December 2021 Bulletin: Updates About Upcoming Trainings; 2022 Annual Seminar; Reminder About New Legislation; Oral Argument Recordings

December 2, 2021

Preparing and Presenting Simple Habeas Petitions To Supplement Related Claims Raised on Direct Appeal

Habeas petitions can be intimidating, especially for those new to criminal appellate practice. But they don’t have to be. Join FDAP Staff Attorneys Shannon Chase and Lauren Dodge on December 9, 2021 from 11 a.m. to 12 p.m. as they walk through a common habeas claim based on ineffective assistance of trial counsel. This webinar, geared for newer practitioners and those looking for a refresher on habeas basics, will cover the when, why and how of filing a companion habeas petition in the Court of Appeal to support related claims raised on direct appeal.

The webinar is approved for 1.0 hour of MCLE credit, including one hour of appellate and criminal specialization.

Register here.

Litigating Appeals of Juvenile Court Transfer Orders to Adult Court: January 5, 2022, 12-1 p.m.

As of January 1, 2022, juvenile court transfer orders to adult court are appealable in California. Assembly Bill 624 (also known as the Youth Fair Process Act), signed into law in September, converts the current discretionary writ-review process into a mandatory right of interlocutory appeal. Appellate defenders will need to learn how to litigate these matters. Our trial defender colleagues have been litigating transfer issues for years and are available to train us. Join Ron Rayes, Marketa Sims, and Jonathan Grossman for an intensive one-hour training on the nuts and bolts of transfer with a discussion of major issues.

The webinar will be held via Zoom on January 5, 2022 from 12 to 1 p.m. It is approved for 1.0 hour of MCLE credit, including one hour of appellate and criminal specialization.

Register here.

FDAP’s Annual 2022 Seminar Going Virtual

Due to continuing pandemic-related uncertainties, FDAP has made the difficult decision to hold its annual 2022 seminar over Zoom rather than in person. The syllabus and dates are still being finalized, but we anticipate the seminar sessions will be held over several days starting in late February. Highlights include a moderated discussion with Justices Marla J. Miller and Therese M. Stewart of Division Two. The seminar will also include several break-out sessions with topics geared toward criminal and dependency appellate practice.

We expect to offer up to six hours of MCLE credit, including one hour of specialty credit. We will send out additional information and registration details as the date approaches.

New Legislation: Reminder To Review Non-Final Appeals For Potential Benefits To Your Clients

The 2021 legislative session resulted in enactment of an extraordinary number of criminal justice reform bills, many of which may not have obvious application to a particular case. The legislation could potentially bring relief to a large number of our clients, including those sentenced to upper terms, youthful defendants, and those convicted of gang offenses. Time is of the essence to seek the benefit of these new laws. Thus, attorneys should review all non-final cases to assess which may be candidates for supplemental briefing or other efforts (e.g., petition for review, habeas corpus) to obtain review of the applicability of one or more of the new laws.

To assist in that review, FDAP has prepared a quick overview of the bills and how they might apply to non-final cases. The purpose of this document, which will be posted and updated on FDAP’s Practice and Legal Guides page, is to flag bills that may have the broadest reach so attorneys can quickly assess applicability to their cases. For a more detailed, substantive analysis of the legislation, please refer to the materials presented at FDAP’s New Legislation seminar on November 9, 2021.

Many attorneys have already filed supplemental briefs regarding the retroactive application of the new laws. FDAP is tracking those arguments, the Attorney General’s responses, and any court decisions and/or orders related to the new legislation. Please reach out to your FDAP consulting attorney if you are looking for sample briefing or updates on a particular bill.

First District Now Recording and Archiving Oral Argument

Since mid-November, the First District Court of Appeal has begun recording all oral arguments and posting them on the Court’s website. The First District’s new oral argument calendar web page now contains a section for archived webcasts of oral argument, with several postings starting on November 17, 2021.