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.
For example, attorneys can request an extension of up to 30 days after the record is filed to file the opening brief.
PLEASE READ MORE!
The Implications of People v. Stamps
The Supreme Court recently decided that the retroactive application of new legislation aimed to reduce sentences could lead to undoing the plea bargain.
COVID-19 Effects on SDAP and the Court
SDAP staff continues to work remotely due to ongoing orders concerning the pandemic. Please do not mail items to the office. Staff can be reached by email. Telephone calls can also be arranged in some situations.
The Sixth District Court of Appeal also continues to operate. Previous emergency orders, extending automatically deadlines for filings in the Court and for filing review petitions, have expired. Oral argument is being conducted by telephone. For more information, see the court's website.
The pandemic has caused delays in producing appellate records, especially in cases from Santa Clara County, where much of the staff that handles records have been layed off because of budget cuts. If a panel attorney is experiencing significant record delays, please contact the SDAP buddy.
COURT OF APPEAL
Seminar on Foundations of Appellate Practice
SDAP will be hosting a seminar series, consisting of four webinars. It will be held on Fridays, starting October 30 from 10 a.m. to about noon.
The series is targeted toward newer panel attorneys but can benefit anyone. Each day is restricted to 100 people, and so advance registration is required. Pending State Bar approval, MCLE credit will be available.
Job Available at State Public Defender Office
The Office of the State Public Defender is accepting applications until November 29 for a deputy director to lead the new Indigent Defense Improvement Divsion, which is envisioned to assist appointed trial counsel in representing indigent criminal defendants.