Read on for important information about FDAP’s in-person annual seminar, an e-filing reminder, upcoming trainings, and panel victories.
FDAP In-Person Annual Seminar
Register now for FDAP’s In-Person Annual Seminar
Only $50 for 5.5 hours of MCLE credits, lunch, and a light breakfast.
When: Friday, October 10, 2025 9 a.m. – 4 p.m. (registration begins at 8:15 a.m.)
Where: Oakland Endowment Center (New location close to BART!)
Join us on October 10 to earn MCLE credit, meet with your colleagues in person, hear from some great speakers, and connect with the appellate indigent representation community.
This year’s seminar will have criminal and dependency break out sessions, including:
- Recent Legal Developments in Criminal, Juvenile, and Civil Commitment Law;
- Looking Back and Moving Forward: Some Nagging Issues in Criminal Law that are Ripe for Revisiting;
- Who, What, Where, When, Why, How: Practical Approaches to Investigating and Presenting Successful Habeas Petitions;
- Using Checklists to Enhance Your Dependency Practice; and
- Redefining the Win in Dependency Appeals
Our joint sessions include:
- Appellate Claims Related to Expert Testimony;
- Ethics Roundup and Brush Up; and
- A conversation with Justice Monique Langhorne Wilson and Justice Charles A. Smiley, both of the First Appellate District, Division One.
If you have any questions, contact mcle@fdap.org. Please note the training will not be recorded or live streamed.
E-Filing Reminder
When initiating a new case by filing an original petition – including a writ petition or petition for review – please remember to manually select and electronically serve FDAP with copies of all documents filed and served through TrueFiling using the following email address: eservice@fdap.org.
Upcoming Trainings From the Appellate Projects
Dependency Seminar (CAP-LA)
September 8, 2025, from 9:00 a.m. – 3:30 p.m. | In-person/Remote
CAP-LA’s Dependency Seminar will be held at the DTLA California Endowment’s Conference Center. This seminar will be presented live and via Zoom. Topics covered will include: Case Law, Legislative and Supreme Court Updates; Advocating for Incarcerated Parents; ICWA: Stipulations, Mootness and Post Judgment Evidence; Back to Basics: Brief Writing and the Phoenix H. Review; and Walking the Tightrope: Navigating Ethical Dilemmas. 5.0 hours of MCLE credit will be provided, including 1 hour of Ethics. Staff and panel attorneys from all appellate projects are welcome. Please register through CAP-LA’s website.
Balancing the Scales: Addressing Compassion Fatigue Through Prevention and Healing (ADI)
September 25th from 12:00 – 1:00 p.m. | Remote
In this virtual program, ADI staff attorneys Christine Johnson and Laura Furness will discuss the definition of compassion fatigue and how it differs from “burnout.” As public interest attorneys, the work we do is heavy and it can impact our physical and mental health. This program will address various tools and techniques available to help recognize and heal from compassion fatigue. 1.0 hours of Wellness Competence MCLE credit will be offered.
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.
A170520 – [Unpublished Opinion | Douglas Foster] The Court of Appeal reversed two two-year bail enhancements imposed under PC 12022.1 and remanded for further proceedings, holding that the enhancements violated the federal constitution under Erlinger v. United States (2024) 602 U.S. 821. Erlinger established a jury trial right on such enhancements as they went beyond the mere existence of other convictions. The lack of a jury trial was not harmless error because there was no conclusive evidence in the record to indicate appellant’s bail status when he committed the crimes at issue.
A171624 – [Unpublished Opinion | Laura Vavakin] The Court of Appeal reversed and remanded a secure youth treatment facility commitment because the record was devoid of concrete evidence about the facility’s programming, how it would benefit appellant, or why a less restrictive placement was unsuitable.
A169778 – [Unpublished Opinion | Matthew Watts] The Court of Appeal reversed two vehicle-tampering convictions because the trial court erred in permitting the prosecutor to add the counts after the close of evidence at trial, as the preliminary hearing included no evidence of those charges.
A168436 – [Unpublished Opinion | David Beaudreau] The Court of Appeal vacated the sentence and remanded for a competency hearing, holding the trial court should have reinstated competency proceedings after the verdict but before sentencing based on appellant’s statements suggesting decompensation. The court also issued an order to show cause on whether trial counsel rendered ineffective assistance by failing to investigate competency before deciding not to request a competency hearing during trial, and whether appellant was actually competent to stand trial.