Upcoming Webinars; New FDAP Staff Members; Job Opportunity; FDAP’s Website

November 1, 2021

 S.B. 775 Training Webinar: Expanded Opportunities To Challenge Murder, Attempted Murder, and Manslaughter Convictions Under SB 1437 and Pen. Code, §1170.95

Please join the First District Appellate Project and Office of the State Public Defender on Wednesday, November 3 from 12:00 to 1:30 p.m. for a jointly-sponsored webinar on S.B. 775. The new law, which takes effect on January 1, 2022, adopts several major revisions, urged by the defense community, to both the substantive scope of S.B. 1437 and procedures under Pen. Code § 1170.95.  This short webinar will provide an overview of the new legislation’s principal provisions, including: (1) its inclusion of voluntary manslaughter and attempted murder in § 1170.95; (2) its clarification of the reasonable doubt burden of proof and evidentiary rules for § 1170.95 hearings; and (3) its provision allowing defendants whose cases are not yet final to raise challenges, based on S.B. 1437, on direct appeal. The program will offer preliminary ideas on strategies for appellate defense counsel, including seeking expedited remands.  The panelists will also discuss the potential implications of the legislation’s provision of a direct appeal remedy for non-final cases.

Panelists for this presentation will be Rebecca Jones (panel attorney; counsel on People v. Duke, S265309), A.J. Kutchins (OSPD Director of Non-capital Litigation), J. Bradley O’Connell (FDAP Assistant Director). This webinar is approved for 1.5 hours of MCLE credit, including appellate and criminal specialization. 

Note: registration is not open to attorneys affiliated with prosecutorial agencies.

Register here.

End-of-Year Legislative Round Up Webinar: November 9, 2021, 12 to 1 p.m.

In addition to SB 775, there was no shortage of criminal and juvenile justice bills this past legislative session, and a number of new laws relevant to our practice will be taking effect at the start of next year. Join FDAP Staff Attorneys Nat Miller and Deborah Rodriguez on November 9, 2021 from 12:00 to 1:00 p.m. for an end-of-year legislative roundup webinar providing an overview of these new laws and their likely impact on our practice.

The webinar is approved for 1.0 hour of MCLE credit.

Register here.

Webinar: Meet the Presiding Justices of The First District

The Appellate Law Section of the Bar Association of San Francisco (BASF) is hosting a live conversation with the Presiding Justices of the First District Court of Appeal on Thursday, November 4, 2021 from 12:00 to 1:45 p.m. The justices will discuss the court’s organization and workload, how each division handles oral argument, tentative rulings and focus letters, remote arguments, the process of deciding cases, and other aspects of practicing before each of the First District’s five divisions.

The webinar will be moderated by Section Chair Michael von Loewenfeldt of Wagstaffe, von Loewenfeldt, Busch & Radwick. Topics will include: 

  • Update on the state of the District by Administrative Presiding Justice Humes
  • What happens when briefing is completed
  • Focus letters and tentative rulings
  • Oral argument and the future of remote arguments
  • How does the court reach its decision
  • Q&A with the Presiding Justices

The webinar qualifies for 1.5 hours of appellate specialization credit. Registration details, including costs to attend, are available on the BASF website.

Online Seminar: Introduction To State Capital Habeas Practice, November 18th-19th, 2021

The Habeas Corpus Resource Center and California Appellate Project have announced a live, online webinar: Introduction to State Capital Habeas Practice. This two-day seminar is aimed at counsel who may be interested in seeking appointment to capital habeas cases in California state court. The seminar is free, and offers 8 hours of MCLE. It is scheduled for November 18 and 19, 2021. 

Information about the program, including registration details, is available here.

Welcome Two New FDAP Staff Members

FDAP is pleased to announce two valuable additions to our administrative team. Treana Burgess and Claudia Muñoz, both of whom have recent public service law office experience, started on Monday, October 25, 2021.

Treana graduated from California State University, San Bernardino in 2020, with a degree in psychology. For the past several months, Treana has been working at the Contra Costa Public Defender’s office. Claudia graduated from California State East Bay in 2020 with a degree in political science, with an emphasis in Pre-Law. And for the past several months, Claudia has been working at Legal Service for Children in San Francisco. 

Please join us in welcoming them to FDAP!

Job Opportunity: Executive Director, The Pacific Juvenile Defender Center

The Pacific Juvenile Defender Center (PJDC) invites applications for its first-ever Executive Director position. Over two decades, the Center has grown from an infant, seed organization focused on training and support of juvenile defenders, to a powerhouse that has helped drive every major policy change in California’s youth justice system through litigation, legislation, and public education. The Center has helped to reduce transfer to adult court, decrease incarceration, move the system toward a less punitive and more youth development and healing-oriented focus, and equip defenders to do their job better. Much of the work has been carried out through the wisdom and energy of volunteers on PJDC’s Boards and Committees, alongside part-time staff. The Executive Director has the opportunity to work with PJDC’s boards and membership to take the organization to the next level.
PJDC seeks a visionary leader to administer and drive its communications, outreach, training and policy advocacy to promote justice for youth in the delinquency system. Candidates should have substantive knowledge and experience in juvenile law and policy, as well as an aptitude for building organizational infrastructure, fundraising and management of programs and staff.
For the full job description, salary details and information on how to apply, please click here. The application period will close on November 30, 2021. 

Reminder: FDAP’s Website Is a Valuable Resource for News and Information

FDAP encourages all panel attorneys to regularly review FDAP’s website, which is continuously updated with new features, news and resources. For example, our Forms & Samples page includes samples and templates for many commonly-filed motions and briefs, such as:

  • Fares letters
  • Wende & Phoenix H. no-issues briefs
  • Requests for Augmentation and Judicial Notice

The Forms & Samples page is a work in progress, and we are continuously adding new and updated content.  Please feel free to contact us with any suggestions about samples that should be added, as we hope this page will serve as a valuable resource for the panel.