SDAP is a law firm that does criminal and juvenile appeals for indigent clients in the San Jose area. We are not the court of appeal.
Mandatory Form for Augment Motions
The Sixth District Court of Appeal requires the use of a form proposed order for all motions to augment the record. The pdf fillable proposed order must be used in civil appeals as well.
Reportedly, there have been problems with how attorneys have filled out the form.
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Limits on Time for Oral Arguments in 6DCA
The Sixth District Court of Appeal has issued Misc. Order No. 19-01 generally limiting oral arguments to 15 minutes per side. When requesting oral argument, a party may request additional time by specifying the amount of time needed and the issues additional argument would be addressing. The court retains discretion whether to grant additional time.
Patrick McKenna to be new Executive Director
The SDAP Board of Directors has selected Patrick McKenna to become the new Executive Director, effective July 2, 2019. He will be replacing Dallas Sacher, who is retiring from SDAP. McKenna began working as a Staff Attorney in June 2012 and has handled a full variety of cases, including felonies, delinquencies, dependencies, and mental health appeals.
Changes Coming to TrueFiling System
In the next few months, TrueFiling will be updating its system to 3.0. Among other things, this will require logging in at a different address. The change will come to the Sixth District on March 4 and to the Supreme Court on April 1.
New Claims Manual
The appellate projects have prepared a revised statewide Compensation Manual. Each district has unique protocols regarding certain matters. If you have a question about these matters (such as habeas practice or fees for experts), you should consult with the project for the court in question before accruing any attorney time or expenses. CCAP has volunteered to post updates to the manual available here.
Panel Attorneys Should be Aware of New Laws
There have been a set of new laws that panel attorneys should be aware of. For example, Penal Code section 288a has been renumbered to be section 287, and new Penal Code section 490.4 can make some forms of shoplifing a felony. The changes potentially give rise to new claims that can be raised on appeal. Supplemental briefs, rehearing petitions, or review petitions might be necessary.
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Justice Danner to Speak at 2019 SDAP Seminar
The annual SDAP seminar will be Friday, May 3, 2019 at the State Building in San Francisco. 4 hours of MCLE credit will be available, including 1 hour of ethics. Sixth District Justice Allison Danner has graciously agreed to join us as our guest speaker. Justice Danner is interested in
learning about the questions in advance that criminal appellate lawyers have. She has asked us to solicit the questions so that she can address them during her appearance. Please forward your questions to Dallas Sacher at email@example.com. We look forward to seeing everyone on May 3.
Position Open for new SDAP Staff Attorney
SDAP is currently accepting applications for a staff attorney position that will begin on July 8, 2019. Please click the job description below for details about the position and the application process. Please contact staff attorney Patrick McKenna (firstname.lastname@example.org) with any questions.