Read on for important information and reminders about new legislation, record delays, upcoming trainings, panel victories, and employment opportunities.
New Legislation: Check FDAP’s Website for Updates
This year’s legislative session is drawing to a close, with the last day for the Legislature to pass bills on September 14, and the last day for the Governor to sign or veto those bills on October 14. This means we can expect a lot of legislative activity in the coming weeks, and a lot of new legislation to familiarize ourselves with before the end of the year. Check out our Pending Issues and Legislation page for updates on the various bills we’ve been tracking (a few of which have already been enacted). We’ll keep the page as up-to-date as possible as the Legislature and Governor act (or don’t act) on these bills. We’ll also hold another new legislation webinar in November for a more detailed overview of all the new legislation relevant to our practice.
Record Delay Reminders
We continue to experience delays in record production, particularly in Contra Costa and San Mateo counties. Attorneys should be alert to situations where the record is not timely prepared and take appropriate steps to ensure the record is produced. This problem was discussed in FDAP’s July 2022 panel bulletin, and there is a sample motion to compel production of the record on FDAP’s Forms and Samples page. Attorneys should also contact the FDAP consulting attorney if unsure about how to proceed.
Upcoming Trainings
Public Juvenile Defender Center
20th Annual Roundtable
September 9, 2023, 8:30 a.m. to 4:30 p.m.
UC Davis Law School
As Secure Youth Treatment Facilities are replacing the now-shuttered DJJ, the call to decarcerate youth is louder than ever. Join PJDC for a day of learning, legal updates, and networking to explore ways to challenge the confinement of our youth (or former youth) clients. The training will include presentations on utilizing disability law in your juvenile practice, working together to push back from the probation narrative, and a series of breakout sessions on transfer hearings. Earn up to 4.5 hours of MCLE credit. Although the in-person training session is full, there is a waitlist and streaming options are available. More information is available here.
California Public Defenders Association
Annual Homicide Defense Seminar/Webinar
September 22, 2023 through September 23, 2023
San Diego
CPDA’s annual seminar returns with a host of homicide-related topics, including: New Laws of Homicide Cases, Litigating Gang Homicide Cases in the Post AB 333 Era, Cell Phone Location Data and Device Extractions for Public Defenders, Litigating RJA in homicide defense, and more. This year’s Annual Homicide Defense Seminar will be eligible for 5.75 hours of continuing legal education participatory credits, including 1.0 hour in Elimination of Bias. The training will be in person and live-streamed. Registration information is available here.
Panel Victories
Below are a few noteworthy First District victories from this past month. These victories and many more can be found on the Panel Victories page of FDAP’s Website.
A164007 – [Unpublished Opinion | Panel Attorney Tiffany Gates] The Court of Appeal reversed appellant’s attempted murder conviction, finding that the trial court prejudicially erred by refusing to instruct the jury on the lesser included offense of attempted voluntary manslaughter based on a heat of passion theory. The Court reasoned that substantial evidence supported that appellant acted under heat of passion caused by the victim’s provocative act, where the evidence showed appellant cut the victim’s neck immediately after the victim backed up and nearly hit appellant with his car.
A165504 – [Unpublished Opinion | Panel Attorney Kaiya Pirolo] Appellant, along with four others, stole $17,000 worth of leggings from Lululemon that were recovered in perfect condition within an hour of the theft. The Court of Appeal reversed the victim restitution award, finding that the trial court abused its discretion by awarding restitution for the full retail price of the items because: (1) substantial evidence did not support that the items could not be resold for full value; and (2) even if substantial evidence supported the determination of an economic loss, the proper valuation for the items was their wholesale, rather than retail, value.
A165449 – [Published Opinion | Panel Attorney Eileen Manning-Villar] The juvenile court granted appellant’s initial petition to seal his juvenile records under WIC 781. But, when appellant filed another petition, this time listing additional agencies that had access to his records yet were not listed in the initial petition or sealing order, the court denied the petition on the ground that it lacked the authority to grant a subsequent petition. The Court of Appeal reversed, finding that WIC 781 does not bar a subsequent petition.
Employment Opportunities
First District Court of Appeal
The First District Court of Appeal is accepting attorney applications for the personal staff of Associate Justice Jeremy Goldman. Details about the position are available on the Judicial Council’s website.
Office of the State Public Defender
With funding recently provided by the Legislature, OSPD is hiring two attorneys and one data specialist to work on Racial Justice Act claims in capital cases. These positions are temporary, two-year terms but could become permanent if the funding continues. Information about the positions are available on OSPD’s website.
UC Berkeley Law
UC Berkeley Law is hiring for the director of its new racial justice clinic. Details about the new clinic and the position are available here.
Habeas Corpus Resource Center
HCRC is hiring a staff attorney. Details about the position are available on HCRC’s website.