THE AOB: SELECTING AND PERSUASIVELY ARGUING ISSUES

Marginal Issues (Executive Director Memo) (To Brief or Not to Brief) - April 2008
A Quick Guide To Structuring a Logical Argument in Dependency Cases - June 2001
Standards of Prejudice - March 2002
Vigorous Advocacy for Each Client on Appeal: An Essential – Not Just a Nice Touch (Notes from the Director) - June 2001
Some Tips for Arguing Watson Prejudice More Persuasively - February 2010

BLAKELY/CUNNINGHAM/BLACK II

Blakely-Cunningham After Black II-Sandoval - August 2007
Due Process/Ex Post Facto Issues in Sandoval Remedy - December 2007
The Life and Times of the California Determinate Sentencing System: Cunningham and Family - December 2007
Single Valid Factor Test: A Critique - December 2007
People v. Nguyen and Blakely-Apprendi Challenges to Juvenile Priors - April 2011

CLAIMS RAISED BY THE PEOPLE

To What Extent May the Attorney General Raise Issues In a Defendant's Appeal, Pursuant to Penal Code Section 1252? - January 1996

CONFIDENTIAL RECORDS

Confidential Records - December 2011

FEDERALIZING AND EXHAUSTING STATE REMEDIES

"Exhaustion" Petitions For Review Under Rule 8.508 - Prepared by J. Bradley O'Connell FDAP Assistant Director. Revised 2011.
Exhausting State Remedies - January 2005

Appellate defense attorneys:  Click here to request a copy of The State Court Opinion Fails To Decide a Federal Issue Raised in the Briefs:  Petition for Rehearing?  - a dialogue examining the doctrine of procedural default under federal habeas corpus law – August 2010 update.

FOURTH APPELLATE DISTRICT AND ADI NUTS AND BOLTS

Disagreements with Staff Attorneys About Legal Judgments (Notes from the Director) - June 2001
Exhibit Review Process in the Fourth District - January 2010

HABEAS CORPUS

Filing Deadlines for a Federal Petition for Writ of Habeas Corpus Attacking a State Court Judgment Under Title 28 U.S.C. 2254 - October 2001
Helping Appellant in the DNA Arena - June 2001

INEFFECTIVE ASSISTANCE OF COUNSEL

Ineffective Assistance of Counsel Issues (Notes from the Director) - July 2004
Raising IAC Claims, Or: Trial Counsel is Your Friend - August 1999


JUVENILE OFFENSE CASES

Representing Minors in Juvenile Delinquency Appeals - August 2011

LEGAL LINGO

POST-AOB COMPONENTS OF GOOD ADVOCACY

Petitions for Rehearing – What, How and When to File (Notes from the Director) - February 2001
Petitions for Review in the California Supreme Court (Notes from the Director) - October 2002
Reply Briefs (Notes from the Director) - October 2001
Straight From the Mouthpiece: Oral Argument – Some Insider Tips - February 2001

SUBSTANTIVE ISSUES (MISCELLANEOUS)

Fines Chart (CCAP)
Sex, Violence and Disposition Evidence: Reviewing and Attacking the Trial Court’s Use of Character Evidence - July 2004
Taking Advantage of Changes in the Law (Retroactivity) - November 2008 (revised)
Understanding Cruz/Vargas Release Provisions - October 2002
McKee and the SVPA - April 2011