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criminal articles

 

Sentencing Basics

Posted: 07/19/10

Watch the companion MCLE training video under "Sentencing": Panel only

A broad overview of some DSL sentencing schemes that appellate lawyers should be aware of. An introductory level article. [Note: the original article from 10/22/08 has been updated in part to reflect current issues surrounding 4019 credits as of this posting date.]

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Implications of Padilla v. Kentucky for California Defense Counsel

Posted: 04/9/10

A discussion of the ruling in Padilla v. Kentucky and its effect on California law by attorney Norton Tooby.

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New Laws for 2010

Updated: 12/31/09

Changes to statutes, court rules, and forms used by criminal law practioners compiled by Garrick Byers, Senior Attorney, Frenso County Public Defender's Office

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Reported Crawford Opinions

Updated: 10/05/09

A compendium of Crawford opinions by Jeffrey Fisher, Stanford Law School Supreme Court Litigation Clinic Co-Director

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Guilty Plea Resource Page

Updated: 06/13/08

Watch the companion MCLE training videos under "Guilty Plea": Panel only

Fares Motions & Procedures

Updated: 04/24/09

Watch a corresponding MCLE training video under "Guilty Plea": Panel only

A Guide to Challenging True Findings on Out-of-Jurisdiction Priors

Updated: 04/05/06

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Batson Issues

Posted: 02/23/09

Watch companion MCLE training videos under "Advanced Issue Spotting": Panel only

Johnson v. California: Rewriting The Script For Peremptory Challenge Issues In California Courts (Parts I - VI): A historical case background & recognizing the error in your record.

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How To Make A Batson Case On Appeal (Part VII): Drafting the issue depends on where the error occurred.

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Proving Gang Offenses And Enhancements

Updated: 02/07/06

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Property Crimes Checklist

Posted: 02/01/06

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A Primer On Alleging Prosecutorial Misconduct On Appeal

Posted:10/11/05

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Reported Three Strikes Opinions

Updated: 02/27/09

A compendium of Three Strike opinions by Gary Mandinach, CAP-LA project attorney

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Elusive Exceptions to Waiver & Forfeiture Bars

A FDAP article discussing categories of errors cognizable without an objection, and suggesting ways of overcoming the absence of a timely and proper objection in the trial court when one is required.

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"Appellate Counsel Legal Lingo"

CCAP/ADI article listing commonly used case names in appellate-lawyer lingo

Prescriptions for Overcoming Those Annoying Waiver Assertions

A useful collection of citations as a starting point for research when the issue/theory you want to brief was not objected to in the trial court

 

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