PRINT PAGE

criminal articles

 

Jury Instructions From A to B

Posted: 10/31/12

This article by George Schraer and Charles Sevilla on jury instructions is from the 2012 CACJ Appellate Practice Seminar.

Download Jury Instructions From A to B as PDF (file will open in new window)

In the Penumbra of Martinez v. Ryan - Steps for Avoiding Procedural Default of IAC Claims in Federal Court

Posted: 10/9/12

This article addresses the US Supreme Court's decision in Martinez v. Ryan and examines the impact it may have on preserving habeas IAC claims in Third and Fifth District cases.

Download the Martinez article as PDF (file will open in new window)

Download sample Motion to Expand Appointment to address Martinez/IAC claim as PDF (file will open in new window)sample motion PDF

The Implications of Padilla v. Kentucky for California's Appellate Practitioners

Posted: 9/25/12

This article addresses the appellate perspective for Padilla-IAC claims (failure to advise of immigration consequences of plea), and addresses various procedural vehicles for getting the issue before the appellate court.

Download Implications of Padilla article as PDF (file will open in new window)article PDF

Download sample Motion to Expand Appointment to address Padilla/IAC claim as PDF (file will open in new window)sample motion PDF

Constructive Filing of Notice of Appeal - Third District

Posted: 9/18/12

This article describes constructive filing procedures in the Third District and that court's preference for a noticed motion, not a writ.

Download Constructive Filing as PDF (file will open in new window)

Weapon Codes - Renumbering Mapping Chart

Posted: 6/11/12

Looking for the new number in the Penal Code for that weapons crime or enhancement section? Where did it go? This chart shows the disposition of the Penal Code sections, mapping old code numbers with corresponding new numbers.

CAUTION: This is a 60 page PDF, a large file. It has been OCR'd to a "text searchable" document, but the OCR conversion may not be perfect. Consider searching for a code number without the subdivision if your document search yields no results.

Download Renumbering Mapping Chart as PDF (file will open in new window)

"Dial H For Homicide"

Posted: 4/16/12

This article by George Schraer covers numerous theories of the many variations of homicide. The article is from the 2012 CADC Spring Seminar.

Download "Dial H for Homicide" as PDF (file will open in new window)

"The Diddle of Harmless Error"

Posted: 8/25/11

This article by George Schraer and Charles Sevilla on arguing prejudice is from the 2011 CACJ Appellate Practice Seminar.

Download "The Diddle of Harmless Error" as PDF (file will open in new window)

Overcoming Challenges of Forfeiture

Posted: 8/25/11

This article by George Schraer and Charles Sevilla on waiver and forfeiture issues is from the 2010 CACJ Appellate Practice Seminar.

Download Overcoming Challenges of Forfeiture as PDF (file will open in new window)

New Laws for 2011

Posted: 1/13/11

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

Download New Laws for 2011 as PDF (file will open in new window)

Sentencing Basics

Updated: 07/19/10

Watch the companion MCLE training video under "Sentencing" (link will open in new window) Panel only

A broad overview of some DSL sentencing schemes that appellate lawyers should be aware of. An introductory level article.

Download Sentencing Basics as Word (file will open in new window)

Download Sentencing Basics as WordPerfect (file will open in new window)

Download Sentencing Basics as PDF (file will open in new window)

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.

Download Padilla v. Kentucky as PDF (file will open in new window)

Reported Crawford Opinions

Updated: 08/07/13

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

Download Crawford Opinions as PDF (file will open in new window)

Guilty Plea Resource Page

Updated: 06/13/08

Watch the companion MCLE training videos under "Guilty Plea" (link will open in new window) Panel only

Fares Motions & Procedures

Updated: 04/24/09

Watch a corresponding MCLE training video under "Guilty Plea" (link will open in new window) Panel only

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

Updated: 04/05/06

Download Guide as PDF (file will open in new window)

 

Download Sample Brief as Word (file will open in new window)

Download Sample Brief as WordPerfect (file will open in new window)

Download Sample Brief as PDF (file will open in new window)

Batson Issues

Posted: 02/23/09

Watch companion MCLE training videos under "Advanced Issue Spotting" (link will open in new window) 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.

Download Johnson v. California as Word (file will open in new window)

Download Johnson v. California as WordPerfect (file will open in new window)

Download Johnson v. California as PDF (file will open in new window)

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

Download How to Make A Batson Case as Word (file will open in new window)

Download How to Make A Batson Case as WordPerfect (file will open in new window)

Download How to Make A Batson Case as PDF (file will open in new window)

Proving Gang Offenses And Enhancements

Posted: 02/07/06

Download Proving Gang Offenses and Enhancements as Word (file will open in new window)

Download Proving Gang Offenses and Enhancements as WordPerfect (file will open in new window)

Download Proving Gang Offenses and Enhancements as PDF (file will open in new window)

Property Crimes Checklist

Posted: 02/01/06

Download Property Crimes Checklist as Word (file will open in new window)

Download Property Crimes Checklist as WordPerfect (file will open in new window)

Download Property Crimes Checklist as PDF (file will open in new window)

A Primer On Alleging Prosecutorial Misconduct On Appeal

Posted:10/11/05

Download A Primer... as Word (file will open in new window)

Download A Primer... as WordPerfect (file will open in new window)

Download A Primer... as PDF (file will open in new window)

Reported Three Strikes Opinions

Updated: 07/12/11

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

Download Reported Three Strikes Opinions as PDF (file will open in new window)

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.

Download Elusive Exceptions to Waiver & Forfeiture Bars as PDF (file will open in new window)

"Appellate Counsel Legal Lingo"

CCAP/ADI article listing commonly used case names in appellate-lawyer lingo (link will open in new window)

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

SVPA Compendium

The CCAP compendium of Sexually Violent Predator Act cases

 

BACK TO TOP