news alerts / newsletters
Note: The information, citations, hyperlinks, etc., provided in any alert are current at the time of that alert. But ADI does not update such matters after publication.
Note: A majority of the documents linked on this page are in PDF format. Adobe Acrobat Reader 5.0 or higher is required to view and use the documents. Get a FREE copy of Adobe Acrobat Reader by clicking here.
2023
Panel News Alert - May 1, 2023
- ADI Staff Additions
- Office Holidays/Court Closures
- MCLE Opportunities
- California Racial Justice Act (CRJA) Issues
Panel News Alert - April 1, 2023
- Defender Dinner - RSVP by April 21st
- Claims Corner - Electronic Transcripts
- TrueFiling - Avoiding Exorbitant Fees
- MCLE Opportunities
- Westlaw Panel Discount
- Emails from ADI Staff
Panel News Alert - March 1, 2023
- ADI & Court Holidays
- Claims Corner - Printing Costs of Electronic Transcripts
- MCLE Opportunities
- ADI Website Updates
- Joining ADI's Panel
Appealing Times - February 2023
Panel News Alert - February 1, 2023
- ADI & Court Holidays
- Ready for Another Case?
- Claims Corner
- San Diego County Appeals - Travel Needed for Exhibits
- Third Editition of the Appellate Practice Manual
- Delgadillo Orders
- ADI Website Updates
- ADI SharePoint Site Updates
Panel News Alert - January 1, 2023
- ADI & Court Holidays
- ADI Confidential Site
- ADI Website Updates
- Upcoming MCLEs
2022
Panel News Alert - December 1, 2022
- ADI & Court Holidays
- ADI Confidential Site
- Case Offers
- Claims Corner
- Upcoming MCLEs
Panel News Alert - November 1, 2022
- ADI & Court Holidays
- ADI Confidential Site
- Upcoming MCLEs
- Retained Counsel Procedures
- Petitions for Review - CSC processing
Panel News Alert - October 1, 2022
- Holidays
- Augment Motions in Div. 1
- ADI Confidential Site Launch
- DLS of San Diego Updated Contact Info
- Upcoming MCLEs
- Panel Input
- New Legislation
Panel News Alert - September 1, 2022
- Staff Updates
- ADI Confidential Site Launch
- MCLE Announcements
- ADI Website Updates
Panel News Alert - August 1, 2022
- Electronic Appellate Records
- Requests for Exhibits
- NEW ADI Confidential Site - Coming soon
- MCLE Announcements
- ADI Website Updates
Panel News Alert - July 1, 2022
- COVID-19 Claims Policies Extended
- End-Of-The-Year Claim Delay
- Panel Rate Increase
- NEW ADI Confidential Site - Coming Soon
- MCLE Announcements
- Practice Tips
Panel News Alert - June 1, 2022
- ADI Staff Changes
- ADI Guidebook - Revised
- STD 204 Form Changes
- Updated Resources on the ADI Website
Panel News Alert - May 1, 2022
- Claims: Judicially Noticed Records
- Division One and Three Updates
- Destruction of Old Court Records
- Calendar of Events
Panel News Alert - April 1, 2022
- ADI staff changes
- Changes at the court
- COVID court rules ending
- Update on SB 483
- Navigating the new laws
- Calendar of events
Panel News Alert - March 1, 2022
- ADI staff changes
- Oral argument
- Navigating the new laws
2021
Panel News Alert - July 12, 2021
- New rules for appellate records apply in non-party dependency appeals
- Supreme Court clarifies rules on citations to and effects of certain review-granted cases
- Some fees eradicated as of July 1
Panel News Alert - March 13, 2021
- Citations to facts in argument section
- CADC conference March 12 and 13
- Brady advisory for San Diego County defendants: questionable chemist reports
- Additions to website
- Article on orders reversing and remanding
- Materials for incarcerated clients to claim stimulus payments
Panel News Alert - January 15, 2021
- Status of courts during pandemic
- New laws highlighted on ADI website
- Captions on briefs no longer to indicate whether case is assisted or independent
- JCC agrees to extend pandemic interim claims policies
2020
Panel News Alert - October 9, 2020
Upcoming MCLE programs
• FDAP / PJDC Webinar: Obtaining Information from DJJ. Oct. 13
• ADI Webinar: What’s New in Division Two? Introducing new Justices Fields, Raphael, and Menetrez. Oct. 19.
• ADI / NITA Webinar: Remote Advocacy Communications. Oct. 29.
• SDAP Webinar Series: Foundations of Appellate Practice. Oct. 30.
Panel News Alert - September 14, 2020
- Updates on coronavirus measures
- All-state webinar
- New laws
Panel News Alert - April 17, 2020
- The efforts of the Appellate Projects in light of the COVID-19 pandemic
Panel News Alert - March 23, 2020
- The effects of the COVID-19 virus emergency on appeals in the Fourth District.
Panel News Alert - January 24, 2020
- New rules for formatting e-filed briefs
- Upcoming MCLE offerings for early 2020
- Serve briefs on Attorney General in Los Angeles if that office is handling the case on behalf of the People
- Oral arguments before Fourth District now streamed, and recordings are posted online
2019
Panel News Alert - September 30, 2019
- Warning: List Anders issues in all Division One Wende briefs!
- Section 1170.95 appeals: ask for sample briefs and consult memo on completing the record
- Adhere to our IAC guidelines
Panel News Alert - February 15, 2019
- TrueFiling upgrade coming March 18 in Fourth District
- Dependency Case Law Update on March 7
Panel News Alert - January 25, 2019
- CALCRIM No. 315, allowing jury to consider a witness’s certainty in evaluating credibility of an identification: If due process violation is arguable under the facts of the case, consider raising issue pending Supreme Court’s resolution of the matter in People v. Lemcke, S250108.
- Going in Style series — New article on typography, part 2, discussing page layout.
- Parallel citations to U.S. Supreme Court cases need appear only in the Table of Authorities, all three divisions agree.
- MCLE programs to calendar:
- Get, Admit, Acquit — by University of San Diego Law School and Community Defenders, Inc., on January 26.
- Dependency Case Law Update — by Laura Furness at ADI or via webinar, on March 7.
- Annual CADC conference — California Appellate Defense Counsel presents its annual conference on March 22-23 at the LAX Hilton.
- How to Give (and Get) Good Edits — by Professor Mary Beth Beazley, William S. Boyd School of Law, on April 26 via webinar.
- An Appealing Life: Tools for Maintaining a Fulfilling Career as an Appointed Appellate Attorney — by ADI, several panel attorneys, and expert Christy Cassisa, on May 17.
- Phablets not allowed at oral argument.
- Annual Defender Dinner will be Friday, April 5. Speaker will be Cecillia Wang of the national ACLU.
2018
Panel News Alert - November 2, 2018
This alert discusses these matters:
- Augment request deadlines: 40 days after the record is filed for criminal cases and 15 days after the record for dependency cases.
- Augment for 1368 transcript: state whether sealed by trial court.
- November 8 MCLE seminar/webinar on Division One practice now expanded. Presiding Justice Judith McConnell and Managing Attorney Marsha Amin will now be joined by Justice Patricia Guerrero and Assistant Clerk/Executive Officer Brandon Henson. Pizza for in-person attendees.
- New laws signed September 30.
- SB 1391 – district attorney authority to transfer cases charging listed serious
offense when defendant was 14 or 15 at time of offense. - SB 1393 – authority of trial court to strike serious felony prior using Penal Code section 1385.
- Making sure case is still on appeal on January 1, 2019. Division One is granting motions to recall the remittitur in cases where a certiorari petition would have kept the case on appeal by January 1 but was not filed.
Panel News Alert - October 10, 2018
This alert discusses these matters:
- Consider issues based on new statutory provisions created by SB 1391, SB 1393, and SB 1437.
- Serve briefs and other documents using Public Defender, District Attorney, Attorney General, Superior Court, etc., office email addresses, not on individual attorneys or judges.
Reminders:
- Paul Bell Fellowship applications.
- Seminars on prosecutorial misconduct and Division One practice.
Panel News Alert - September 8, 2018
This alert discusses these matters:
- Consider issues based on new Penal Code section 1001.35–1001.36, diversion for individuals with mental disorders.
- Use proper form for JCC contact information changes.
- Always sign up for automatic email notification of new entries in the court’s docket for your cases.
- New practice article for the Going in Style series – Typography, part 1.
Panel News Alert - June 20, 2018
This alert discusses a published order, People v. Garcia, D073825, striking a Wende brief because of an unorthodox way of listing Anders issues. The decision unfortunately chooses to focus, not on the particular brief, but instead more broadly on the general issue of listing Anders issues in Wende briefs. To some extent this has reignited a debate we had hoped was settled. It has created confusion and some understandable consternation among panel attorneys. Some are saying they do not want to include Anders issues any more—a dangerous move, in light of the demand for such issues on the part of one or more justices in Division One. The alert describes the crosscurrents at work and suggests an approach to navigating through them.
Panel News Alert - May 1, 2018
- ADI brownbag series: SAVE THE DATE! From the Absence of Judicial Ethics to Justice: The German Legal System (1933-1945) and the Nuremberg Trials, presented by Justice Richard Fybel of Division Three at noon on May 30, 2018. Lunch will be provided to inperson attendees.
- Practice articles on ADI website
- Going in Style: On Citations – A new series is launched, on mastery of style in the search for effective writing. Going in Style, by staff attorney Art Martin. Inaugural installment – On Citations.
- Guide to Motion Practice update – Latest update to a classic reference article by staff attorney Anna M. Jauregui-Law.
- Telephonic oral argument – Division One now offers the option of a telephonic oral argument.
Panel News Alert - February 1, 2018
Effective February 1, 2018, it is mandatory for counsel to submit pre-OSC habeas corpus documents in the California Supreme Court through the TrueFiling system.
This includes petitions, informal responses and replies, and motions, correspondence, etc., related to these filings. It does not cover post-OSC documents such as returns, traverses, and related filings. It is not applicable to filings by pro per petitioners. Separate provisions in the rule govern capital cases.
The exact provisions of the revised rule for electronic filing in the Supreme Court are here. The new provisions are highlighted.
Panel News Alert - January 9, 2018
MCLE opportunities in the first few months of 2018. Save the dates!
- ADI brownbag series (modification of previous notice):
- New Laws for Criminal Law Practitioners - Garrick Byers. Wednesday, January 17.
- Compassion Fatigue and Attorneys – Dr. Ellen Stein. Friday, February 23.
- Dial H for Homicide: Il Buono, Il Cattivo, Il Brutto – by George Schraer. Wednesday, March 21.
- Fighting the Digital Dragnet: How to Rein in Digital Searches and Fight Compelled Decryption and Password Disclosure – by Stephanie Lacambra. Friday, April 27.
- California Appellate Defense Counsel (CADC) annual coference - Friday-Saturday, March 23-24, at the SFO Bayfront Hilton.
- Practical Perspectives from Defense Warriors: Resisting, Defending, and Surviving – USD and Community Defenders, Inc., annual seminar." Saturday, January 20, at Warren Hall, Room 3A, University of San Diego School of Law.
Electronic reporters' transcripts now arriving. New Code of Civil Procedure section 271 requires computer-readable reporter’s transcripts in most cases as of January 1. Courts are addressing appointed counsel’s need for paper transcripts for clients.
TrueFiling hack. Personal information contained in court filings may have gone to third party hacker.
Second District formatting guidelines. These are not applicable in other districts. The “Guidelines,” as opposed to the “Requirements,” are discretionary even in the Second District. In the Fourth District, follow the California Rules of Court where there is a conflict, and use common sense and good judgment otherwise.
2017
Panel News Alert - November 15, 2017
Two new laws that potentially reduce certain sentence enhancements:
- SB 620 on firearm enhancements
- SB 180 on certain enhancements for controlled substance violations
Panel News Alert - October 13, 2017
PAUL BELL FELLOWSHIP FOR 2017
ADI has issued an Announcement for the 2017 Paul Bell Fellowship. The application period is open and will remain open until close of business on October 20, 2017. Recipients will be notified no later than October 27, 2017.
As was the case in 2014, the last time the Fellowship was awarded, the 2017 Fellowship will offer 10 grants of up to $500, covering actual and reasonable expenses, to attend one of several selected programs. These include the California Appellate Defense Counsel program in March 2018, the California Public Defenders Association juvenile defense program in January 2018 (choice of dependency or delinquency), or the California Attorneys for Criminal Justice appellate practice seminar in November 2017. More details are in the announcement and on the sponsors’ websites.
Attorneys of every experience level and every practice area within ADI’s program are eligible. Past Fellowship recipients are not eligible.
Panel attorneys may submit the Application Form by email to staff attorney Lynelle Hee, lkh@adi-sandiego.com, no later than close of business, October 20, 2017.
Panel News Alert - October 4, 2017
Seminar with new Division One Justice William Dato.
TrueFiling scene; revised "Filing and Service Charts" on ADI website.
Updated Appellate Practice Manual now online.
Panel News Alert - September 5, 2017
Revised rules for e-filing in the California Supreme Court.
Panel News Alert - August 3, 2017
SAVE THE DATE: August 30 MCLE program with ethics credit, presented by Ninth Circuit Judge John Owens, recounting the story of an infamous law clerk with the U.S. Supreme Court.
Raising attorney awareness of metadata in documents: Anna Jauregui-Law's article now posted.
Presentation on California's Supreme Court practice by a court attorney: summary by Patricia Ihara.
Clarification of California Supreme Court TrueFiling rules being sought.
Panel News Alert - July 7, 2017
JCC issues new travel expense reimbursement rates for appointments after January 1, 2017.
Sperling court deletes footnote, adds concurrence.
Supreme Court releases rules governing TrueFiling in that court.
Panel News Alert - June 19, 2017
TrueFiling will begin on July 10 in the California Supreme Court.
JCC will no longer accept inquiries directly from panel attorneys about the status of pending claims and will require all such communications to go through the projects.
Second District warns of potential sanctions for frivolous appeals.
Special Alert - May 2017
Extension requests and billing records
Use Judicial Council forms for extension requests and fill them out properly.
Keep accurate time records to the nearest one tenth of an hour.
Panel News Alert - February 6, 2017
Some MCLE Opportunities for Panel Attorneys in Early 2017
Upcoming programs include:
ICWA law, February 8
New San Diego DA unit examining past convictions for possible exoneration through DNA advances, March 8
CADC annual conference, March 10-11
NACDL conference on forensic evidence and innocence claims, March 23
Panel News Alert - January 5, 2017
Rules 8.70 through 8.79 of the California Rules of Court, governing electronic filing in California appellate courts, have been revised effective January 1, 2017, primarily to conform the rules to the court’s existing practice of mandatory TrueFiling. ADI has found no substantive differences between the new rules and the former ones or current practices as they affect counsel.
2016
Panel News Alert - November 22, 2016
- Bryan Garner video seminar on December 12: ADI is presenting a recorded video seminar featuring nationally acclaimed speaker Bryan Garner. It will be in the ADI library at noon on Monday, December 12. Cost: $50. RSVP to staff attorney Patricia Ihara is required -- pmi@adi-sandiego.com. Webinar not available. More details here.
- Change in Dependency Representation in San Diego County Juvenile Court: The Dependency Legal Group has ceased operations. Parents' representation is now being handled by Dependency Legal Services of San Diego, and minors' representation is being handled by Children's Legal Services of San Diego. More details here.
Panel News Alert - October 26, 2016
To: Fourth Appellate District Panel
From: Appellate Defenders, Inc.
Date: October 26,2016
Re: New Extension of Time Forms for Criminal and Delinquency Briefs To Be Used in Fourth District
All three divisions of the Fourth District have approved the Judicial Council form CR-126 for extensions of time in criminal cases and Judicial Council form JV-816 for extensions of time in juvenile delinquency cases. Please use these effective immediately. They are being posted on the ADI Forms and Samples page in lieu of the current forms.
Juvenile dependency appeals are not affected by the changes.
The court has not made these forms mandatory, but they and ADI request they be used, for the ease and convenience of the persons reviewing them.
Panel News Alert - August 29, 2016
- Fourth District courts will not accept errata filings; instead, move to strike original and file replacement document
- New rules on publication of review-granted cases likely apply only to cases granted review on or after July 1, 2016
- Juvenile LWOP and equivalent:
- Franklin finds section 3051 satisfies constitutional requirement that
defendants who commit crimes as juveniles have reasonable opportunity to
earn release in their lifetime; - Habeas corpus is apparently available to gain evidentiary hearing on
youth-related factors at time of offense: In re Reyes, S233936 (remand order); - Appellate counsel should raise Franklin and related issues and hopefully will
help distribute ADI's pro per materials; - High court has not yet spoken on terms for juvenile offenders not covered by
section 3051.
Panel News Alert - June 16, 2016
- New rule 8.1115(e) keeps review-granted opinions published and citable for persuasive force
- Second edition of ADI Manual includes dependency materials
- Quin Denvir remembered for his leading role in appellate defense
Panel News Alert - June 1, 2016
- Electronic reporter's transcripts from San Diego County temporarily DELAYED
- TrueFiling to begin June 6 in Division Two
- Guide to motion practice updated for 2016
- Attorneys reminded to use current JCC form for information changes
Panel News Alert - April 7, 2016
ADI’s service address, effective immediately, will be eservice-court@adi-sandiego.com. This applies to all cases, criminal or civil, whether service is by direct email or through TrueFiling. The announcement is here.
Instructions for serving ADI via TrueFiling are here.
Panel News Alert - March 31, 2016
TRUEFILING starts in Division One on April 4. ADI's announcement includes information about registration, training resources, special document requirements, claims, and sealed documents.
Panel News Alert - February 24, 2016
TrueFiling comes to Fourth District starting in early April, one division at a time
The Fourth Appellate District will be implementing TrueFiling, the mandatory California courts electronic filing system, this year.
Start dates: Each division will have a separate start date. We will provide exact dates when the court announces them.
Division One will start in early April.
Division Two will start about two months later.
Division Three will start last.
Training:
The software company is offering free introductory training to the public. ADI strongly recommends that panel attorneys unfamiliar with TrueFiling attend. Seminars are offered on March 14 from 12:00 to 1:30 p.m., and March 15 at 5:00 to 6:30 p.m. at the San Diego County Bar Association Conference Center. A WebEx of the two training sessions will also be available. The flyer with information and registration material is here.
The court has additional TrueFiling materials on its website: http://www.courts.ca.gov/truefiling.htm.
ADI is evaluating what if any supplemental materials are needed for panel attorneys. It will have resource assistance and advice for panel attorneys, as well.
Panel News Alert - January 21, 2016
- Go to the trial court first to correct fines and fees: New Penal Code section 1237.2 requires appellate counsel go to the trial court before raising issues regarding fine and fee calculations. An informal request is adequate under this or section 1237.1.
- Frivolous vs. marginal issues: Assess arguability of issues carefully and recognize a frivolous issue when you see one.
- When silence is golden: Ethical and practical guidance in dealing with unpublished favorable decisions - other attorneys' cases and your own. Special word of advice: a victorious attorney should keep quiet about an unpublished win until it is final.
- Tracking email-served documents: Protect your reputation by asking for a "delivered" or "opened" receipt when serving documents by email, to ensure your service was received. When you are the recipient of anticipated service, sign up for automatic notification of court filings in every case you are responsible for.
- Multi-document attachments to augment and judicial notice requests: Arrange attached documents chronologically if possible, paginate consecutively, include chronicological and alphabetical indexes.
- CADC Conference: The annual conference of CADC will be March 11-12, 2016, in San Jose. Registration open now.
2015
Panel News Alert - December 28, 2015
EXPANDED EMAIL SERVICE STARTING JANUARY 1, 2016 - "CHEAT SHEET" IS THE KEY
Panel News Alert - December 18, 2015
- Associate counsel: AIDOAC announces adoption of a statewide policy on the use of
associate counsel, adopted by AIDOAC. - Augmentation and correction: Reminder of policy on when to use correction versus
augmentation procedures. - Sealing of juvenile records: ADI guidance on proceedings under Welfare and
Institutions Code section 786. - San Bernardino Superior Court appeals section is moving January 4, 2016.
- Email service: Heads up – the use of email service will greatly expand at first of 2016.
Panel News Alert - September 22, 2015
- Electronic filing and service: Update on electronic service and filing in the Fourth District: (1) service with the Dependency Legal Group will be by email only in all San Diego County dependency appeals as of October 1; (2) panel attorneys are alerted that TrueFiling is scheduled to come to the Fourth District in the first half of 2016; (3) expansion of email service programs to other counties may continue despite TrueFiling.
- Unneeded paper copies: Panel attorneys are reminded that paper copies of filings that may be e-filed or e-served are unnecessary and non-compensable.
- Form for change of address, tax ID, etc.: The JCC has issued a new mandatory official form for notifying it and the projects of a change of panel attorney information, such as address or tax ID number.
- Juvenile law section of San Diego County Bar Association: The SDCBA has created a new practice section for attorneys interested in juvenile law.
- Anders issues in Wende briefs: The apparent latest word from the Fourth Appellate District supports inclusion of unbriefed issues in Wende briefs.
Panel News Alert - July 8, 2015
- Policies on unbriefed issues: AIDOAC has adopted a formal policy on unbriefed issues. It clarifies but does not change the policy and suggests how panel attorneys may describe them so as to get maximum compensation with minimum delay.
- Motions, as well as writs, to be efiled in Division One: Division One allows motions to be efiled. Under the general rule that compensation is available only for the least expensive reasonable alternative, costs of paper filing of motions after this alert will not be compensable, without special reasons.
Panel News Alert - June 24, 2015
Service on various offices of the San Diego Public Defender is now electronic only
The San Diego County Public Defender’s Office has agreed to receive electronic copies of briefs and other documents via e-mail in all criminal and juvenile delinquency cases. This informal agreement includes all cases in which the San Diego County Primary Public Defender, Alternate Public Defender, Multiple Conflicts Office, or the Office of Assigned Counsel was appointed to represent the client in the trial court.
Effective immediately, counsel should begin e-mailing service copies to the applicable address from those listed below, in lieu of a paper copy. Because the electronic copy is more cost effective, no compensation will be provided for expenses related a paper copy served after the date of this notice.
Email addresses
Briefs should be e-mailed to the appropriate office at the following e-mail address:
- Primary Public Defender (PPD): ppd.eshare@sdcounty.ca.gov
- Alternate Public Defender (APD): apd.eshare@sdcounty.ca.gov
- Multiple Conflicts Office (MCO): Roberta.HusseyNichols@sdcounty.ca.gov
- Office of Assigned Counsel (OAC): Please send the documents directly to the actual trial counsel of record. Counsel should try to get an email address. If they cannot after reasonable effort, paper copies are an acceptable alternative.
The e-mail addresses have been established for the sole purpose of receiving electronic filings, and should not be used to submit any other correspondence or information to those two offices. They are not monitored like regular email accounts. Instead, they are configured as data capture portals that automatically route any attachments for processing and storage.
Content and subject line
The San Diego Public Defender’s Office has asked that counsel include the following information in the “Subject” line or “Body” of all e-mails:
- Superior court case number
- Defendant name
- Words “Appeal Brief” or other applicable description
This agreement does not require a formal memorandum of understanding because service on trial counsel is not required by the Rules of Court.
We hope this change will simplify service in criminal and delinquency cases from San Diego County.
Panel News Alert - June 11, 2015
- MCLE on appealability and forfeiture, June 24 in Riverside — Carmela Simoncini,
former ADI staff attorney and current Lead Appellate Court Attorney at Division
Two, will be giving the presentation. - Coming to Division One on July 1: mandatory electronic filing of writ documents — New local rule 5, applicable to Division One only and effective July 1, 2015, makes electronic filing of writ pleadings mandatory. Some exceptions apply.
- Appellate review of rulings in trial court after appeal is filed requires new notice of appeal — Although a record of trial court proceedings after a notice of appeal is filed is to be sent to the Court of Appeal, appellate review of those proceedings requires a new notice of appeal.
- Greenpath overcharge error under review; save documentation — Greenpath
overcharged some panel attorneys for a “personal copy” of briefs. JCC is reviewing
options. Meanwhile panel attorneys should retain any emails or other documentation.
Panel News Alert - May 21, 2015
Important new address information.
Effective May 21, 2015: The San Diego Office of the Attorney General changes its street address. For efficiency, ADI is hereby providing the panel with the AG’s official notice, required by rule 8.32(b).
IMPORTANT: Service continues to be electronic only, at the same email address as before: ADIEService@doj.ca.gov
The P.O. Box address for hard copy mail and telephone, fax, etc., numbers are also the same as before.
Details of this change and other recent changes are here.
Panel News Alert -April 20, 2015
Panel Attorney e-service addresses to be included on appointment orders beginning May 1, 2015
ADI will add panel attorney e-service addresses to the appointment orders beginning May 1, 2015. The order is kept in the Court of Appeal’s file and is sent to all counsel and the client. It does not go on the online docket or to the superior court.
The default email address we will use is the one you have given us for electronic service from opposing counsel (Attorney General or San Diego County Counsel). For attorneys who have not given us a service email address, we will use the case offer email address. If you want us to use another address, please contact Omar Palacio,
oap@adi-sandiego.com, 619-696-0284, ext. 148.
Panel News Alert -March 25, 2015
E-SERVICE TO START APRIL 1 WITH SAN DIEGO COUNTY DISTRICT ATTORNEY
ADI and the San Diego County District Attorney’s office have agreed to start e-service between that office and the panel on April 1, 2015. Only electronic service will be accepted. The formal written agreements will be posted on our website when the signed copies are received. But the basic terms are the same as in the AG agreements.
Instead of a paper copy, send an electronic copy to DA.Appellate@sdcda.org . Be sure to note the period between DA and Appellate!
Documents are titled the same as with the AG and court. The “Subject” line of the e-mail will state the Court of Appeal Case No. and Case Name, with appropriate initials identifying the type of document e-served (i.e., “D053742, John Smith AOB”).
The vast majority of cases will involve panel attorneys’ service on the district attorney, since only in People’s appeals does that office send service documents. ADI will provide the DA with the service address the panel attorney has given us, on a need-to-basis. Please let Omar Palacio ( oap@adi-sandiego.com ) know if you wish to use a different email address for this purpose.
Only San Diego County cases are affected by this new program.
We are continuing to work on e-service agreements with district attorneys in other counties and with all the superior courts, not to mention County Counsel in all counties besides San Diego.
Agreements posted after news alert: District Attorney Agreement ADI Panel Attorney Agreement
Panel News Alert - February 27, 2015
PROFESSIONAL AND EDUCATIONAL OPPORTUNITIES FOR PANEL ATTORNEYS
California Appellate Defense Counsel Annual Conference
Registration is going on now for the 2015 CADC conference, March 13-14, at the Crowne Plaza Redondo Beach and Marina. After March 1, the price for conference tuition will go up from $175 to $200 for CADC members (from $200 to $225 for non-members) and the group rate at the Crowne Plaza ($139 plus tax) will no longer be available.
The new venue is a beach resort. The two-day program includes a keynote address from Supreme Court Justice Liu and 8.5 hours of MCLE. Details are in the conference brochure .
San Diego County Bar Association Reception for Attorneys Interested in Issues Involving Families and Children
The San Diego County Bar Association is sponsoring a reception for practitioners who have a special interest in laws affecting families and children. It will be at the Bar Center, April 16, 5:30-7:00 p.m. Panel attorneys who do juvenile dependency or delinquency work may be especially interested. The announcement is on the bar association website.
2014
Panel News Alert - November 26, 2014
- Claims — To expedite claims, do them right the first time. Our
Tips memo
identifies
the “Most Common Mistakes” and offers suggestions on speeding your claims
through the ADI Portal. - Court Notices — Our courts have asked us to inform the panel of these matters: (a)
client pro per briefs submitted with a Sade C. brief; (b) Pitchess records; (c) Division
Three Miscellaneous Order construing “brief” to include supplemental and letter
briefs for purposes of rule 8.25(b)(3), on date of filing with priority mail. - Updated Manuals: Check Them Out — ADI’s
Appellate Practice Manual
and
Claims
Manual
Panel News Alert - November 18, 2014
To Fourth Appellate District Panel Attorneys
From ADI
Please see the posting on Proposition 47 under RECENT CHANGES IN THE LAW/STATUTES:
Including:
• 15-page Practice Article, plus appendices providing the applicable text of the initiative and key statutory provisions. The article has internal, as well as external, links and a table of contents, for easier navigation.
• Client materials – Proposition 47 Handout and fillable Petition Under Penal Code Section 1170.18
• Other resources for counsel – ADI “Hot Line,” analyses by other projects and experts, sample briefs
Panel News Alert - October 15, 2014
- Joinders — Merely saying counsel joins issues in another party’s brief “to the extent
they may benefit my client” is seriously improper advocacy; joinders need to be
specific and tailored to the client. -
Oct. 21 program on oral argument (choice of live or webcast)
— A Ninth Circuit judge, a
Court of Appeal Justice, and an experienced civil appellate practitioner will offer
insights. Register to go to the San Diego County Bar Association or to get the
webcast. -
Motion practice article update is online
— Anna Jauregui-Law’s article on Motion
Practice has been updated to include important new rules and procedures for
confidential records. (Exhibit article is also updated.) - Panel portal update —- Submission of claims through portal is running smoothly.
Issues with printing are being addressed.
Panel News Alert - September 30, 2014
ADI has prepared written guidance for creating claims through the ADI panel portal:
- A summary of the major steps.
- A more detailed, step-by-step guide, complete with screen shots.
Panel News Alert - September 24, 2014
Download PDF of the September 24, 2014 alert
which covers:
- ADI panel portal will open October 1 for submission of claims. As of that date,
electronic claims must be submitted in this manner, rather than through eClaims.
Paper claims will be accepted through October 10. You may register for the portal
now. - Sade C. filings in Fourth District: (1) They may now be e-filed in Divisions One and
Three. (2) All three divisions will accept them in letter form, which attorneys are
expected to use. But the letter must have the contents prescribed by Phoenix H.
- Division Three splits on listing unbriefed (“Anders”) issues in Wende and Sade C.
briefs — ADI continues to encourage inclusion of such issues.Download ADI’s amicus curiae memo
- Division One encourages minor’s trial counsel to appear at oral argument and provide
updated information about the child client. Counsel for other parties may take
protective steps against prejudicial information introduced in this way.
Panel News Alert - July 25, 2014
Download PDF of the July 25, 2014 alert
which covers:
- Statewide rules for claiming habeas time and expenses - time on line 11, expenses in section H. Itemization of both in line 11 comment field. These rules are not to be applied to stand-alone habeas proceedings.
- eClaims - Attorneys are advised to get used to eClaims, rather than paper claims. Soon ADI will be launching its "panel portal," requiring online submission.
- Fourth District order 11314 - Rule 8.47(c)(1), which prohibits publicly filed documents from citing to matters in a confidential record, does not foreclose citing matters in probation reports. ADI cautions that attorneys should still protect confidentiality when needed.
- Answer to petition for rehearing - Division Three no longer routinely invites one.
- People v. Gutierrez (2014) 58 Cal.4th 1354 - Penal Code section 190.5, subdivision (b), on the sentence for a special circumstance murder by a juvenile, does not create presumption of LWOP.
Panel News Alert - July 14, 2014
IMPORTANT ALERT! eClaims Down This Weekend
To: Fourth Appellate District Panel Attorneys
The California Appellate Project, Los Angeles, has notified us that eClaims will be down this weekend for some important maintenance. It will be unavailable from Friday, July 18, at 6:00 p.m. to Monday, July 21, at 8:00 a.m.
Elaine A. Alexander
Executive Director
Appellate Defenders, Inc.
TO: All Panel Attorneys This Friday evening (July 18) beginning at 6:00 p.m. eClaims will become UNAVAILABLE in order to facilitate an important maintenance operation. The program should become available again by Monday morning (July 21) at 8:00 a.m. Maintenance of this sort is sometimes necessary to ensure the security and reliability of the program as well as the hardware on which it runs. We will let you know about an additional but short period of downtime to occur 7 to 10 days later as well. We are sorry for any inconvenience and very much appreciate your understanding and patience. Jay M. Kohorn, Assistant Director |
Panel News Alert - June 13, 2014
We want to alert the panel that claims processing at ADI will likely be slower than normal in the next few weeks.
Starting Monday, June 16, we will be using a new case management system. Part of it is designed to comply with the AOC’s new requirements for the transmission of claims. As might be expected with a new system with new fields and procedures, the change will entail a learning curve for our staff. In addition, for a while they must double enter claims information in order to test the system with the AOC.
We know panel attorneys would like a ballpark estimate of what time frames we are talking about, for their own planning purposes. With the stipulation that any numbers based on likely learning curves and unfamiliar computer systems are inherently guesswork, our claims processors estimate that claims may take roughly twice as long as normal during the initial period, which might last a couple of weeks or so. Then, as they become familiar with the system and gain facility in using it, the process should speed up significantly and return to normal. ADI asks for your patience during the transition.
The compensating good news is that a coming component of the system will enable us to process claims without manually copying what the panel attorney has entered. This change should speed up claims appreciably in the future and greatly reduce the problem of entry errors on our end. We hope to institute this feature as soon as the transitional phase is over. We will notify the panel when that happens.
We appreciate your understanding and patience during this period.
Panel News Alert - May 5, 2014
ADI is pleased to call your attention to a presentation by panel attorney Clifford Gardner, In the Shadow of Death: Persuasion in the Most Difficult Appeals. It is sponsored by the San Diego County Bar Association’s Appellate Court Committee and is scheduled for May 20, noon, at the Bar Center, 401 West A Street, Suite 120 (1st floor).
A leading advocate in death penalty appeals, Cliff will speak about writing persuasive appellate briefs, handling client and family relationships, and other difficult matters when faced with bad facts and an unsympathetic client.
In death penalty cases, especially, but in all criminal and juvenile cases, one must seize the emotional narrative of the case to win. Cliff has developed this art to a high degree and is a compelling speaker.
More information and a link for registration. To avoid a late fee, register by noon, May 15.
Panel News Alert - April 1, 2014
Fax filing replaced by e-filing in Fourth District. ADI's news alert provides some details.
Panel News Alert - March 10, 2014
The annual Defender Dinner presented by the board of directors of ADI and Federal Defenders of San Diego, Inc., will be Friday, April 11, at the Westin San Diego Hotel, 400 West Broadway, San Diego. No host cocktails will be at 5:00 p.m.; dinner starts at 6:00 p.m.
The keynote speaker will be the Honorable Irma Gonzalez, former Presiding Judge of the Southern District.
The Paul Bell Award for excellence in representation of the indigent on appeal will be presented to Rebecca Jones, an ADI panel attorney. We heartily congratulate her for this highly-deserved award. The Stan Conant Award for trial work will go to Knut Johnson.
To express our appreciation for the panel and make the dinner more affordable, ADI will contribute $30 toward the cost of the $65 dinner for members of our panel. More information and an Invitation with RSVP form are available on the Defender Dinner page of the ADI website.
We encourage you to come, enjoy the camaraderie of other defense attorneys and judges, and celebrate our profession!
Panel News Alert - February 20, 2014
Download PDF of the February 20, 2014 alert
which covers:
- Monday, March 3, is the start date for our expanded, mandatory electronic
service program. - Dependency cases from San Diego County are added to that program.
- Latest versions of written agreements for e-service:
Panel News Alert - February 5, 2014
Download PDF of the February 2014 alert
which covers:
- Mandatory service via email only: Documents (1) from court, (2) to and from Attorney General, and (3) to and from other panel attorneys
- Required for all panel attorneys: (1) Email address for service is needed by Monday, February 10, if different from the one ADI uses for case offers, and (2) consent to participate in electronic service as a condition for handling ADI cases
Panel Attorney Agreement for Electronic Service with AG
Panel Attorney Agreement for Electronic Service from court and with other other panel attorneys
2013
Panel News Alert - December 19, 2013
Download PDF of the 12/19/13 news alert which covers:
- Electronic service and filing are moving forward, as all three divisions of the Fourth District agree to accept electronic-only service copies of a petition for review, e-service on the AG is becoming mandatory, and the AG will soon no longer require or send paper documents.
- To avoid delays, pay attention to details of claims.
- Reminder of associate counsel policy.
- Be in touch with developments in the trial court.
- To save possible time and money, ask the staff attorney whether ADI already has a copy of the record before mailing it for a Wende or Sade C. review.
- Dependency attorneys should be alert to the possible need for minor's counsel.
Panel News Alert - September 25, 2013
Download PDF of the 9/25/13 news alert
which covers:
- Evaluations will be sent on the request of the panel attorney only, or at ADI's discretion.
- Website news - be on the alert for a major overhaul; many important features already updated and highlighted here.
Panel News Alert - March 4, 2013
Download PDF of the 3/4/13 news alert which covers:
- San Diego County juvenile clerk's transcripts to be on CD in all cases as of April 1, 2013.
- California Appellate Defense Counsel annual conference March 8-9 in San Diego.
- Annual Defender Dinner April 5. Invitation included.
- Getting an extension when you are unable to file a request: ask ADI, not another attorney.
- When requesting oral argument, tell the court of unavailable dates upfront.
Panel News Alert - January 3, 2013
Download PDF of the 1/3/13 news alert which covers:
- Client matters
- Tax ID changes.
- Reporting habeas time and expenses.
- Clarification: e-submissions versus e-filings with court.
- Proposition 36.
- Resentencing for many clients, both present and past, with third strike life sentence and a non-serious, non-violent current offense.
- Insist on the right to file a supplemental opening brief if the client is arguably entitled to claim the benefit of Proposition 36 and an AOB was filed before its enactment.
The Battle Is Joined: Estrada v. 1170.126 (PDF).
- Petition for review granted in People v. Taylor, an unconstitutionality of applying residency requirements of Jessica's Law across the board in San Diego County as a condition of parole for registered sex offenders.
2012
Panel News Alert - October 17, 2012
To: Fourth Appellate District Panel Attorneys
From: Elaine Alexander
Re: Clerk’s Transcripts for San Diego County Delinquency Cases Soon To be on CD
San Diego County Juvenile Court will soon begin a pilot program to provide clerk's transcripts in delinquency cases on CD. It will save considerable copying and delivery costs and result in far easier storage. We do not yet have a precise date on which the juvenile court will begin preparing clerk's transcripts on CD.
The transcripts will be in searchable PDF format and have the same contents and form as paper ones, such as the required indexes, cover information, spacing and margins, etc. (See rule 8.144.)
This program applies only to San Diego County delinquency clerk's transcripts at the present. (We do have a pilot program with San Diego dependency cases already going.) Other counties, however, have expressed interest. We are not ready to experiment with reporter's transcripts because, unlike clerks, reporters own their equipment and some of it is antiquated. Attorneys can request a reporter's transcript on CD if it is not yet prepared (Cal. Rules of Court, rule 8.130(f)(4)), but should first verify with the reporter the transcript will be in a usable form.
Although attorneys may certainly reject a San Diego delinquency case offer if they do not want a clerk's transcript on CD, we urge attorneys to maintain an open mind and accept these cases. Computerization of all records is an inevitability in the future, because of the cost savings and efficiencies. This is a good opportunity to experiment with the electronic format in relatively short-record cases and gain confidence and skill in using it. Staff attorney Lynelle Hee is available for technical assistance.
When a case is over, the attorney may send the CD to the client – or keep the clerk's transcript in electronic form on behalf of the client (attorneys have no duty to send files to clients in the absence of a request, and storage costs are not an issue with electronic records). Attorneys who have received a CD will be reimbursed for sending a paper copy to the client only if the client has requested it in that form. Many clients and institutions have access to a computer; we strongly encourage attorneys to ascertain such matters and arrange with clients for disposition of the record, at the early stages of any case. (See ADI Manual, § 1.63.)
Panel News Alert - October 12, 2012
Download PDF of the 10/12/12 news alert which covers:
- Protections for juvenile offenders:
(a) Release from penalties and disabilities, including a sex offender registration requirement, may be available to defendants who are given an honorable discharge from the Division of Juvenile Justice.
(b) SB 9 gives an opportunity to petition for recall of the sentence to defendants who received an LWOP sentence for an offense committed when they were minors. - New rules that became effective this year:
(a) Counsel may file a supplemental brief in the Court of Appeal, citing but not arguing new authority that became available only after briefing was complete.
(b) In juvenile appeals, the first name and last initial or initials of relatives are to be used if full name would compromise the anonymity of the minor. - Good appellate practice:
(a) Routinely filing petitions for review prematurely is not an appropriate practice.
(b) Panel attorney should be in touch with the ADI staff attorney and the court if the deadline for the opening brief under a default notice is near and inform us and the court if a mailed brief will arrive after the default notice deadline.
Panel News Alert - August 30, 2012
Download PDF of the 9/30/12 news alert which covers:
- Court now requires electronic copies of briefs; ADI will act if it is not shown on proof of service.
- Bryan Garner seminar: sign up quickly
- People v. Caballero: Lengthy, but non-LWOP, sentence that has effect of confining defendant for life, with no meaningful opportunity to obtain release during natural life expectancy of the defendant, is cruel and unusual punishment when imposed for crime committed by juvenile.
- Pre-sentence credits saga continues: Lara holds priors used to make defendant ineligible for enhanced credits need not be pled and proven, and Penal Code section 1385 does not authorize striking or disregarding priors to make defendants eligible; Olague, on credit for time served after October 1, 2011, for defendants who committed their crimes before then, is granted review, with briefing deferred pending finality of Brown.
- People v. Bailey: Appellate court lacks authority to reduce conviction of completed escape, a general intent crime, to attempted escape, a specific intent crime.
Panel News Alert - July 12, 2012
Download PDF of the 7/12/12 news alert which covers:
- Requesting reporter's transcripts on CD.
- Miller v. Alabama, cruel and unusual punishment for mandatory juvenile LWOP.
- People v. Brown, pretrial conduct credits under amendments to Penal Code section 4019.
- People v. Jones and People v. Correa, reinterpreting Penal Code section 654.
Panel News Alert - May 25, 2012
Download PDF of the 2/25/2012 news alert which covers:
Standards of review (PDF): The burden of proof is not re-applied directly on appeal, but neither does it “disappear.” Insist the Court of Appeal use the right test in deciding a sufficiency issue. (This issue is especially salient in dependency cases.)
- New practice articles:
Anna Jauregui-Law’s guide to motion practice in the Fourth Appellate District (PDF) and
Jamie Popper’s updated memo on Division of Juvenile Justice commitments (PDF).
- Although the original and each copy of a petition for review filed in the Supreme Court must include a copy of the opinion, service copies need not.
Panel News Alert - May 11, 2012
Certain Documents Now May Be E-Filed in Divisions One and Two
Divisions 1 and 2 are taking steps toward e-filing. Click here for the news release that became effective May 1 (PDF).
The two divisions will accept the following documents by e-filing:
- Abandonments
- Stipulation for Extension of Time (Civil) - up to 60 days (not applicable to ADI cases)
- Change of Address
- Certificate of Interested Persons of Entities (not applicable to ADI cases)
- Copies of Designations (not applicable to ADI cases)
- Omissions Letters from Superior Court
- Request for Oral Argument
- Requests for Dismissal with No Briefs Filed
- Service Copies of Supreme Court Documents
- Substitution/Association of Counsel (not applicable to ADI cases)
The plan is to expand this list over time. More details are on the court website at http://www.courts.ca.gov/9408.htm
Panel News Alert - April 27, 2012
Click here to download PDF of the 4/27/12 news alert which covers:
- State Bar MCLE compliance audits will be increasing drastically.
- MCLE program on appellate standards of review: Thursday, May 3, at noon, San Diego County Bar Association.
- Invitation to comment on rule ammendments issued: one affects panel attorneys, by requiring attorney email addresses on document covers; others affect our cases.
- E-service of criminal briefs on ADI required; served briefs must be single PDF document.
- Reminders from staff attorneys:
Claim comments should not refer to "adverse consequences" or anything else that might be harmful to clients. - We encourage inquiries from panel attorneys about their cases...but ask them to do their homework first.
- Reminders from staff attorneys:
Panel News Alert - April 10, 2012
Click here to download PDF of the 4/10/12 news alert which covers:
- Reminder re use of associate counsel at oral argument: get preapproval from court and ADI whenever possible; notify court and ADI if not possible.
- Reminder from staff attorneys re quality of drafts in assisted cases: panel attorneys should edit draft briefs carefully and put them into final form as much as possible before submitting them to the staff attorney.
- Save the date for the Paul Bell Fellowship all-panel program! Bryan Garner seminar on The Winning Brief, 9:00 a.m.- 4:00 p.m. on Saturday, September 22, 2012, at the Bahia Hotel in San Diego.
- Legal developments and accompanying potential ex post facto problems: (1)
increase in minimum restitution fines (PDF); (2) amendment to Welfare and Institutions Code section 731 to neutralize In re C.H. (2011) 53 Cal.4th 94.
- E-service: ADI is now registered on GreenPath's AttorneyXpress.
Panel News Alert - February 8, 2012
Click here to download PDF of the 2/8/12 news alert which covers:
- Mandatory e-service of briefs on ADI is almost here; wait for notification.
- Recycled parts of petition for review must be specified.
- New California Supreme Court decisions: Maultsby on certificates of probable cause, Nelson on juveniles’ invocation of the right to counsel or silence during an interrogation, Mil on omission of elements of crime in jury instructions, Johnson on the test for competence of a mentally ill person to represent himself or herself at trial.
2011
Panel News Alert - December 30, 2011
Click here to download PDF of the 12/30/11 news alert which covers:
- Recent and upcoming changes in rules;
memo on legal status of rules (PDF);
- Separate "Notice of Unavailability," indicating dates counsel will be unavailable for oral argument, required in Division Two;
Handling confidential records (PDF);
- Changes in Paul Bell Fellowship; and
- Seminars:
Sentencing in a New Age (PDF), January 28, 2012;
California Appellate Defense Counsel, conference March 23-24 (PDF).
Panel News Alert - November 18, 2011
Click here to download PDF of the 11/18/11 news alert which covers:
- Invitation to December 8 holiday lunch;
Clarification and change in where to bill certain claim items (PDF);
Nondisclosure of identity for certain persons (PDF);
- Reminder of ADI policy and procedures on substitution of retained counsel for appointed counsel;
- Change in method of e-filing a brief in the Fourth Appellate District [
Terms of Use - PDF].
Panel News Alert - October 14, 2011
Click here to download PDF of the 10/14/11 news alert which covers:
Division One phone numbers changed (PDF);
- Riverside district attorney’s change of address;
- Reminder to take account of Penal Code section 1538.5, subdivision (m)'s
requirement of making or renewing a suppression motion in the superior court; - Passings: We note sadly the deaths of the
Honorable David Sills (PDF), former presiding justice of Division Three, and the first ADI staff attorney, Harold Tyvoll.
Panel News Alert - March 30, 2011
Click here to download PDF of the 3/30/11 news alert which covers:
- Deadline for annual dinner registration coming up this Friday.
- Clarification of Division Three e-filing request: service on opposing counsel should be by hard copy unless you are part of e-service pilot project.
- Fifth District holds Chelsea's Law ameliorative change to Penal Code section 666 retroactive.
Panel News Alert - March 22, 2011
Click here to download PDF of the 3/22/11 news alert which covers:
- Concern about frequency of supplemental briefs, especially those filed at late stage of the process, raising issues that should have been raised in the opening brief;
- Need to ensure Court of Appeal has necessary record for Pitchess or other issue involving in-camera hearing;
Division Three requesting all parties to provide electronic briefs (PDF);
- Developing law updates:
Sex offender registration requirement: review granted in third Division Three case dealing with the right to a jury trial on the factual findings necessary to impose registration - Custody credits under Penal Code sections 2933 and 4019 - summary of issues; sample briefing sought;
- Developing law updates:
- Dependency Quick Guide ("Dog Book") almost ready for distribution
Panel News Alert - February 4, 2011
Click here to download PDF of the 2/4/11 news alert which covers:
- Sex offender registration requirement: Review granted in two Division Three cases dealing with the right to a jury trial on the factual findings necessary to impose registration; important to preserve issue while review pending.
- Custody credits under Penal Code sections 2933 and 4019; important to preserve applicable issues while law is sorted out.
Click here for the amendment (pdf);
click here for ADI's memo on SB 76 changes to pre-sentence credits (PDF);
click here for ADI's memo on argument for enhanced credits for all pre-sentence custody if person is sentenced on or after January 25, 2010 (PDF).
- Timing of augmentation requests - misc. order by Division One.
Click here for criminal and delinquency cases (PDF);
click here for dependency cases (PDF).
- Old bugaboo popping up with more frequency: lumping multiple record citations together at end of paragraph.
- Legal education opportunities: CADC conference on March 18-19; ADI webinars.
- Additional volunteers solicited for pilot project on serving briefs by e-mail.
Panel News Alert - January 14, 2011
Click here to download PDF of the 1/14/11 news alert which covers:
- Reminders from the court on augmentations and motions to settle the record.
Potentially favorable changes in the law (PDF) on which attorneys must act if applicable to their case and beneficial to their client -- Blakely-Apprendi and sex offender registration for adults and juveniles, cruel and unusual punishment of juveniles, grand theft and marijuana possession, and pre-sentence credits.
- Rules changes -
word count exclusions (PDF) and copies of motions.
- Events of interest to panel attorneys -
seminar on client relations (PDF) and annual Defender Dinner.
2010
Panel News Alert - August 24, 2010
Click here to download PDF of the 9/24/10 news alert which covers:
Reminders to attorneys (PDF)
- Court news
AOC travel policies (PDF)
- Litigation to watch
Dependency Panel News Alert - August 23, 2010
Panel News Alert - June 22, 2010
Click here to download PDF of the 6/22/10 news alert which covers:
- Developments in the recent Penal Code section 4019 amendment: Supreme Court will decide retroactivity and Legislature moves to repeal new credits.
- San Diego County juvenile court representation: the Dependency Legal Group of San Diego chosen to take over from Public Defender and Alternate Public Defender.
- Supplemental briefs and errata letters: Fourth District divisions split on whether to file separate supplemental or new combined brief; Division Two wants a new, corrected brief and not just an errata letter.
- Division Two procedures re: screening dependency transcripts for proper notification that notice of appeal was filed, correction of omissions from normal record, and motion for judicial notice.
Rule changes effective July 1 (PDF): expansion of prison delivery rule to all documents and revision and renumbering of juvenile appellate rules.
- Noted here but not below: Juvenile Defenders in Orange County has a new address – 1 City Boulevard West, Suite 800, Orange, CA 92868-3601.
- Cunningham: depublication of case finding it retroactive to Apprendi.
- U.S. Supreme Court decision in Graham v. Florida: possible Eighth Amendment issue for very long non-life sentences for crimes committed by juvenile.
Panel News Alert - May 7, 2010
Click here to download PDF of the 5/7/10 news alert which covers:
- Reminders from the Court
- Amendment to Penal Code section 4019
- People v. Nguyen and Juvenile Priors: Time To Move Elsewhere
Panel News Alert - February 26, 2010
Click here to download PDF of the 2/26/10 news alert which covers:
- SBx3 18's modifications to Penal Code section 4019: Cooperation or litigation? Retroactive and if so to when?
- McKee and the SVPA
- In re Watson and the retroactivity of Cunningham
Articles accompanying this alert:
Some Tips for Arguing Watson Prejudice More Persuasively (PDF)
Pacific Juvenile Defender's Conference Roundtable Report (PDF)
New Laws for 2010 for Criminal Law Practitioners (PDF)
Panel News Alert - February 2, 2010
Click here to download PDF of the 2/2/10 news alert which covers the recent amendment to Penal Code section 4019 enacted by Senate Bill No. 18, section 50, Third Extraordinary Session of 2009-2010, which became effective January 25, 2010. Documents referenced in the news alert are here:
Understanding Recent Changes to Pre-Sentence Credit Calculation (PDF)
Potentially Favorable Changes in the Law (PDF)
- Sample Conduct Credit Motion, adapted from sample referred to in alert (Word) (PDF)
Senate Bill Number 18XXX (2009-2010 3rd Ex. Sess.) (PDF)
Panel News Alert - January 12, 2010
Click here to download PDF of the 1/12/10 news alert which covers:
- Adjusting to In re Phoenix H.: filing no-issue briefs instead of letters (as was the practice in Division Three), setting out the law and not just the facts in a no-issue brief, and facilitating any pro per filing the client wants to submit.
(Sample letter referenced in news alert: PDF version)
(Sample Sade C. brief referenced in news alert: PDF version) - Rule 8.340(b) letters in Division Two
- Rule changes effective January 1, 2010
Division One (PDF) and
Division Two (PDF) miscellaneous orders
Reliability concerns with San Diego toxicology lab (PDF)
2009
Panel News Alert - December 8, 2009
Click here to download PDF of the 12/8/09 news alert which covers:
- Annual Defender Dinner - Friday, April 9, 2010
- Telephonic Oral Argument in Division One
Supreme Court to Close Los Angeles Clerk's Office (PDF)
- Paul Bell Memorial Fellowship
- After Nguyen: Keeping the Issue Alive
- Sign Up for Automatic E-Mail Notification of Developments in Your Cases and Track Your Cases Online
- ADI Website
- Sample Petition for a writ of certiorari filed in Baltazar v. California (United States Supreme Court No. 09-8416) (MS Word) (PDF)
Panel News Alert - October 22, 2009
Click here to download PDF of the 10/22/09 news alert which covers:
- E-mail documents in Division One; e-mail service in all divisions
- Division Two miscellaneous orders
- Division Three oral argument
- Note to clients of work not covered by malpractice insurance
- Taping over staples used to bind briefs
- CDCR form for requesting confidential client phone call in prison
- Wende briefs must show client's current address, or else counsel must separately inform the court of the address
Panel News Alert - August 28, 2009
Click here to download PDF of the 8/28/09 news alert which covers:
- Payment of claims
- Division One courtroom now on third floor
- Confidential records and briefs or other documents referring to them
- Late reply briefs
- Coming soon:
Division One encouraging brief submitted by e-mail (in addition to a hard copy, for now -- PDF)
Panel News Alert - August 26, 2009
The Administrative Office of the Courts has asked that we forward this message regarding payment of claims:
IMPORTANT CAC INFORMATION -
This e-mail is to update you on the information that the Administrative Office of the Courts (AOC) received today from the California State Controller’s Office (SCO) regarding payments to court-appointed counsel (CAC) for the non-capital and capital compensation claims.
As you are aware, the California State Controller’s Office announced in its August 13 press release that it will
stop issuing IOUs (registered warrants) on September 4. Today, the Administrative Office of the Courts was informed by SCO that the court-appointed counsel claims transmitted from the AOC on August 26 to SCO for payment will be the last CAC claims paid by IOUs for the Court-Appointed Counsel Program. Additionally, we were informed that the direct deposit program will be resumed on September 4.
In order for the AOC to switch its compensation system back to the two payment methods (regular warrant or direct deposit), the AOC must shut down the system for several days for modification and testing. However, the AOC will continue to receive the daily claims submitted by the projects from August 27 through September 1 and will transmit these claims to SCO on September 2. This will allow time for both the AOC and the SCO to make their system changes.
The payment method you had been using (regular warrant or direct deposit) prior to the issuance of IOUs will be resumed effective Friday, September 4. All direct deposit payments will be deposited into the banking information that you had in place prior to suspension of the direct deposit program. It is important to note that Monday, September 7, is a legal holiday and direct deposits are not processed on holidays.
Thank you for your continued work on behalf of indigent appellants in California.
- Administrative Office of the Courts
Panel News Alert - June 2009
Click here to download PDF of the 6/2009 news alert which covers:
- Payment of claims; ADI hotline
- Information for clients about the appeals process
- ADI's Board of Directors
- Assertive Issue Selection
Panel News Alert - February 2009
Click here to download PDF of Executive Director's News Alert for February. In it, the following documents are referenced:
Payments of claims transmitted to AOC on or after January 27 to be held and not paid for at least 30 days (PDF)
In re Gomez: Habeas corpus available to raise Blakely-Cunningham issues in cases final after Blakely but before Cunningham (PDF)
Amendments to California Rules of Court effective January 1, 2009 (PDF)
Rich Pfeiffer, slayer of barriers to parole (PDF)
Other topics in the News Alert include:
- ADI reminders: Checking for credits issues and putting case number in title of e-mails
2008
Panel News Alert - November 2008
Click here to download PDF of the November 2008 news alert which covers:
- Issue to be preserved in pending appeals: sex offender registration requirement with concomitant residency restrictions is subject to Apprendi, ex post facto, and notice provisions
- 2008 Paul Bell Fellowship recipients: Niccol Kording and Liana Serobian
- Juvenile law changes held not retroactive
- Division Two – envelopes needed with mailed extension requests
- Division Three – waiving reply brief and oral argument and agreeing to immediate issuance of opinion when Attorney General concedes appeal
- Briefs must state sentence imposed
- Compensation claims: put only client and trial counsel communication on line 1; family and other communication on line 23
Panel News Alert - September 2008
Click here to download PDF of the 9/2008 news alert which covers:
- State Budget
- Law School Loans
- Evaluations of Performance
- Riverside County Records
- Juvenile Cases on Court Website Docket
Division One Dependency Reporter's Transcripts (PDF)
CACJ Appellate Seminar (PDF)
- Appellate Court Committee
On September 17, ADI will be hosting its monthly MCLE Criminal Law discussion series. Go to the Calendar of Events page for more information.
Panel News Alert - August 2008
Click here to download PDF of the 8/2008 news alert which covers:
- AOC has depleted 2007-2008 funds for compensation claims
- Update on procedures for viewing exhibits (
click here for accompanying PDF article)
- Complete record before asking staff attorney to review it for issues
- File reply briefs routinely
- Use heavy tape on stapled briefs
- Division Two matters
Panel News Alert - May 2008
Panel News Alert - April 2008 (2)
Click here to download 4/2008 PDF of theExecutive Director's news alert addressing the following topics:
New information sheet for counsel to send to client when counsel has decided not to file a petition for review (PDF)
- Reminder: Promptly notify opposing counsel (and any other counsel involved in the appeal) upon deciding a brief or issue is to be withdrawn or substantially modified
- Reminder: Include individual counsel’s or judge’s name at bottom of envelope when mailing to a public office, but address the document to the office itself
- Importance of looking at Ninth Circuit decisions on federal habeas corpus
- Division Two matters:
- Including police reports in clerk’s transcript, confidential envelope
- Transfer of certain criminal cases to Division Three
- Notifying court promptly of associate counsel at oral argument
- Providing copies of pro per briefs to counsel
- Separately listing documents in augment requests
- Division Three changes in handling of fast-track cases: augments
- ABA standards on sentencing youthful offenders (PDF)
- ABA Juvenile Sentencing Report (PDF)
Panel News Alert - April 2008
Click here to read memo from Executive Director regarding marginal issues (PDF)
Click here to read "To Brief or Not to Brief: Marginal Issues" (PDF)
Click here to read the ADI amicus curiae brief in Gomez (PDF)
Panel News Alert - January 2008
Click here to download PDF of the 1/2008 Executive Director's news alert addressing the following topics:
- Augmentation Requests
- Faxed extension requests
- Time and record completion problems
- Scheduling of oral argument in Division Two
- Associate Counsel
- Sealing juvenile records
- New rules in the new year
2007
Panel News Alert - December 2007
Following are four pdf documents relating to Cunningham v. California:
"The Life and Times of the California Determinate Sentencing System: Cunningham and Family" (PDF): This paper provides a kind of “primer” on the basic cases and issues involved. The first reviews the odyssey that began almost 10 years ago, gained serious momentum in Apprendi and Blakely, and moved directly into California in Cunningham, only to be rendered virtually toothless by the California Supreme Court in Black II and Sandoval. The second part surveys issues that are left after the California Supreme Court decisions. The appendix is an compilation, or “family tree,” of the cases, from ancestors of Cunningham, to its near kin, to California Supreme Court decisions and review-granted cases, and finally to Court of Appeal cases.
"Single Valid Factor Test: A Critique" (PDF): This document analyzes critically one of the most important holdings of Black II, the doctrine of the single valid factor, which provides that the existence of one Blakely-compliant factor in aggravation is sufficient to satisfy that case, even though the judge relied on numerous invalid factors, as well, and likely (or certainly) would not (or could not) have imposed the upper term without those invalid factors. The analysis argues that this doctrine postulates a Determinate Sentencing Law that never was and that it is internally incoherent.
"Due Process / Ex Post Facto Issues in Sandoval Remedy" (PDF): This document outlines the due process / ex post facto ramifications of retroactively applying revised sentencing rules less favorable to the defendant than the ones in existence at the time of the criminal act. It reviews the various ways the Sandoval reformation makes the law less favorable within the meaning of ex post facto law and criticizes the California Supreme Court’s efforts to avoid the ex post facto objections. It sets forth the correct test and demonstrates that the Supreme Court has revised a statute in a way that, if done by the Legislature itself, would have been unconstitutional.
"In re Gomez – Letter of Amicus Curiae Appellate Defenders, Inc., in Support of Petition for Review; Alternatively, Request for Depublication" (PDF): The last attachment is the ADI amicus curiae letter supporting the petition for review in In re Gomez, a case in which the Court of Appeal had denied a habeas corpus petition raising Cunningham on the ground that decision was "new law" and could not be applied retroactively to cases final before the date of its issuance. The California Supreme Court has granted review in the case, S155425, now in the reply brief stage. ADI plans to file an amicus brief, which will be posted on the website when filed.
We hope these materials will be a helpful reference tool and a foundation for future briefing.
Panel News Alert - Fall 2007
Click here to download PDF of the Fall 2007 news alert which covers:
Changes in Law on Commitments to Division of Juvenile Justice (PDF)
- MCLE Series
- Updated Forms and Sample Motions
- Recent Grants of Review
Panel News Alert - Late Summer 2007
Click here to download PDF of the Late Summer Panel News Alert which includes information on recruitment of new panel attorneys, ordering a hard copy of the Appellate Practice Manual, and an update on having associate counsel appearing at oral argument.
Panel News Alert - August 2007
The memorandum linked below discusses the recent California Supreme Court cases in People v. Black (2007) 41 Cal.4th 799 and People v. Sandoval (2007) 41 Cal.4th 825, applying Blakely-Cunningham to the California DSL. It analyzes issues raised by them and suggests procedures to follow in pending and future cases. As questions arise in your own cases, please consult the assigned staff attorney for specific guidance.
Blakely-Cunningham after Black II-Sandoval (PDF)
Panel News Alert - April 2007
The April News Alert includes information about the e-claims system, change in mileage rate, dependency motions in Division One, updated Appellate Practice Manual Manual, augmentation, and procedures in cases with no arguable issues. Click here to read the April 2007 PDF News Alert.
Click here to read letter from court regarding implementation of Conservatorship of Ben C (PDF).
Panel News Alert - February 2007
In Cunningham v. California (Jan. 22, 2007, No. 05-6551) 549 U.S.___ [2007 U.S. Lexis 1324], the United States Supreme Court struck down the part of the California sentencing system that permits imposition of the upper term on the basis of facts, other than a prior conviction, not found by a jury beyond a reasonable doubt or admitted by the defendant. For a memo from ADI Executive Director Elaine Alexander regarding the impact of this decision, click here (PDF).
Click here to see Misc. Order No. 020207 issued by the Fourth Appellate District Court of Appeal regarding this case (PDF). It applies to all three divisions of the Fourth Appellate District.
The basic matters covered are:
- For post-AOB cases, a supplemental brief based on Cunningham may be filed without asking leave to file. It must be titled "Supplemental Brief filed pursuant to Cunningham v. California (Jan. 22, 2007), No. 05-6551) ___ U.S. ___." The order provides a schedule for filing a response and a reply, depending on the stage of the case.
- For cases already submitted, the submission will be vacated for purposes of the supplemental briefing.
- Counsel must be prepared to discuss the decision at oral argument. If it is set before Feb. 23 and court requests supplemental briefing on Cunningham at the argument, counsel may submit it within two weeks.
2006
Panel News Alert - Summer 2006
- Name of individual client required on cover of multi-party proceeding
- Certificate of interested parties inapplicable to criminal and juvenile appeals
- Division Two notices
- Extension requests in Division One dependency appeals to include waiver of corresponding rule 17 time
- Request to correct record in fast-track dependency cases to be submitted to Court of Appeal, not juvenile court clerk
- Fax Filing
- Rules of Court renumbered
Panel News Alert - March 2006
- Grant of Certiorari in Cunningham v. California
- New Voluntary Fax Filing Pilot Program in Division One
- Direct Deposit Option
- Special Panel Rate for Lexis Users
- Blakely After Black
- New Rule Changes & Revised Council Froms - July 2005
- California Supreme Court Ruling
- Court Permission Required to Appear for Attorney of Record
2005
Panel News Alert - September, 2005
- Special Panel Rate for Lexis Users
- Blakely After Black
- Division Three Mail Filings
- Addressing briefs to trial counsel or the superior court judge by name
- Sade C. briefs in Division One - seeking time for a client who wants to file a pro per brief
- New Rule Changes & Revised Judicial Council Forms - July 2005
- California Supreme Court Ruling
- Supeme Court Expands Web Site Information in Pending Cases
- Court Permssion Required to Appear for Attorney of Record
- Extension of Time Requests
- Updating boilerplate and forms to include current rule references
- Assistance from Innocence Projects on Cases Potentially Involving a Factual Innocence Investigation