Practice articles
See also Juvenile Delinquency Articles and Juvenile Dependency Articles.
Note: Non-ADI articles are posted with source's permission
ADVOCACY: SELECTING AND PERSUASIVELY ARGUING ISSUES
- Vigorous Advocacy for Each Client on Appeal: An Essential – Not Just a Nice Touch (PDF) - June 2001, alert, pp. 2-3
- Taking advantage of changes in the law and retroactivity - November 2019 revision
- Going in Style
- Proposition 47 practice article
- Marginal Issues - Background - April 2008 news alert;
To Brief or Not to Brief - 2020 Revision to 2008 memo
- Sufficiency of the evidence and the burden of proof at trial - May 2012 memo
- Standards of Prejudice - March 2002 alert, pp. 6-8
- Some Tips for Arguing Watson Prejudice More Persuasively - February 2010 alert
- Reply briefs - October 2001 alert, pp. 1-3
- Straight from the Mouthpiece: Oral Argument - Some Inside Tips - February 2001 alert, pp. 8-10
- Petitions for rehearing - what, how, and when to file - February 2001 alert, pp. 1-3
- Petitions for Review in the California Supreme Court - October 2002 alert, pp. 1-4
APPELLATE PRACTICE
General
- Appealability of denial of resentencing - Jeremy Price, staff attorney, First District Appellate Project, article dated May 2015
- Confidential records
- Going in Style
- Legal Lingo - ADI web page
- Priority on Appeal - February 2013 memo
- Raising Fees Fines on Appeal Under PC 1237.2 - Jonathan Soglin, Executive Director, First District Appellate Project, December 2015 memo (use filter feature located at top)
- Researching the history of rules online - January 2016 memo
- Rules on publication status of review-granted opinion - October 2015. Comment to Supreme Court on proposed rule; New rule provisions and stare decisis effect - June 2016 alert, pp. 1-3; Retroactivity of these rules - August 2016 alert, pp. 2-5; Supreme Court Administrative Order 2021-04-21 modifies rule 8.1115(e) in two respects
- Signatures on Electronically Filed Documents
- Standards of Prejudice - March 2002 alert, pp. 6-8
- Sufficiency of the evidence and the burden of proof at trial - May 2012 memo
- Taking advantage of changes in the law and retroactivity - November 2019 revision
- The rules about rules: the legal status of rules of court - December 2001 memo
- To What Extent May the Attorney General Raise Issues In a Defendant's Appeal, Pursuant to Penal Code Section 1252? - January 1996 alert, pp. 2-3
Nuts and Bolts of Panel Practice
- See ADI website pages on Fourth Appellate District practice
- Practice in the California Supreme Court
- Disagreements with Staff Attorneys About Legal Judgments - June 2001 alert, pp. 3-4
- De-mystifying the Exhibit Review Process in Criminal Cases - May 2022
- Guide to Motion Practice - January 2022
- Redaction and Metadata - July 2022
- Demystifying Record Completion in Penal Code Section 1170.95 Appeals - July 2022 article
- Reversal and Remand: Appellate Counsel's Duties - May 2020
APPRENDI AND FAMILY
- The Life and Times of the California Determinate Sentencing System: Cunningham and Family - December 2007 memo
- Single Valid Factor Test: A Critique (PDF) - December 2007 memo
- Due Process/Ex Post Facto Issues in Sandoval Remedy - December 2007 memo
BRIEFBANKS
- CCAP briefbank
- CADC briefbank (membership required)
- CPDA (membership required)
- CACJ (membership required)
CIVIL COMMITMENTS
CRIMINAL PROCEDURE
- New Law Redefines Peremptory Challenge Procedures (AB 3070) To Eradicate Implicit Bias - June 2021 Memo
- Supreme Court Update on Criminal Procedure by Stanford Professor Jeffrey Fisher - memo, most recent update
ETHICAL ISSUES
- Multiple ethics articles and other resources are offered on ADI's web pages on ethics and various ethical topics
EVIDENCE
- Sex, Violence and Disposition Evidence: reviewing and attacking the trial court's use of character evidence - July 2004 alert, pp. 4-5
- Crawford v. Washington - by Stanford Professor Jeffrey Fisher - 2015 memo
- Williams v. Illinois: Expert testimony and confrontation - November 2012 memo
- Digital Privacy in the Post-Riley World by Stanford Professor Jeffrey Fisher - 2016 memo
FEDERALIZING AND EXHAUSTING STATE REMEDIES
- "Exhaustion" Petitions For Review Under Rule 8.508 - J. Bradley O'Connell, FDAP Assistant Director. Memo, revised 2011.
- Exhausting State Remedies (PDF) - January 2005 memo
- ADI Appellate Practice Manual, chapter 9, "The Courthouse Across the Street: Federal Habeas Corpus"
HABEAS CORPUS
- ADI Appellate Practice Manual, chapter 8 ("Putting on the Writs: California Extraordinary Remedies") and chapter 9, ("The Courthouse Across the Street: Federal Habeas Corpus")
- Helping Appellant in the DNA Arena - June 2001 alert, pp. 5-6
- In re Gomez, "old" and "new" law under Teague and independence of state habeas corpus remedies - ADI amicus curiae brief, July 2008
INEFFECTIVE ASSISTANCE OF COUNSEL
- Ineffective Assistance of Counsel Issues - July 2004 alert, pp. 2-3
- Raising IAC Claims, Or: Trial Counsel Is Your Friend - August 1999 alert, pp. 7-12
- Working with Trial Counsel - July 2020 memo
- Ethics topics: resources on duty of trial counsel to cooperate
JUVENILE LAW
OFFENSES
- Proposition 47 practice article
- Homicide by George Schraer - 2012 memo, revised 2017
- Accomplice Liability for Murder (SB 1437) by Judge Richard Couzens (June 2020)
- Three Strikes cases by Gary Mandinach, staff attorney, California Appellate Project, Los Angeles - updated 2016
- Amendment to Penal Code section 666 - 2010 memo
OTHER PROJECTS' ARTICLES
- CCAP articles
- FDAP articles
- SDAP articles
- Appellate College (2000) materials
SENTENCING
- 2016 Sentencing Manual
- Determinate Sentence Law: Summary of Cases by Mark Cutler 2006. CAVEAT: Not updated since 2006
- LWOP for juveniles - August 2016 memo
- Proposition 47 practice article
- Understanding Cruz/Vargas Release Provisions - October 2002 alert, pp. 11-13
- Pen. Code, § 29180 and the Prohibited Persons Relinquishment Form by Garrick Byers - February 2018
- Fines Chart (CCAP)