Sixth District Appellate Program
Spring Appellate Seminar
Friday, May 3, 2019, 8:30 a.m. - 2:00 p.m.
Milton Marks Conference Center, State Building
350 McAllister Street,
San Francisco, CA
THE SEMINAR FEE INCLUDES BREAKFAST REFRESHMENTS AND LUNCH. ATTENDEES MAY REQUEST EITHER AN ELECTRONIC COPY OF THE SEMINAR SYLLABUS OR A TRADITIONAL BOUND COPY. THE ELECTRONIC VERSION WILL BE AVAILABLE ON-LINE ON MAY 1, 2019. TO RECEIVE THE ELECTRONIC VERSION, PLEASE INCLUDE YOUR E-MAIL ADDRESS BELOW. THE BOUND COPIES WILL BE DISTRIBUTED AT THE SEMINAR. IF YOU CANNOT ATTEND THE SEMINAR AND WOULD LIKE A BOUND COPY OF THE SYLLABUS, PLEASE REMIT A CHECK FOR $45 AND THE SULLABUS WILL BE MAILED TO YOU AFTER MAY 3.
State Bar No. _____________________________________________
__ Seminar attendance and electronic copy $60
__ Seminar attendance and hard bound copy $75
__ No attendance, hard copy of syllabus requested $45
All checks should be payable to: Sixth District Apppellate Program.
An application is pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 4 hours, including 1 hour for ethics. SDAP will advise all participants as soon as approval is granted. SDAP certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
Mail to Sixth District Appellate Program, 95 S. Market Street, Ste. 570, San Jose CA 95113.
RESERVATIONS MUST BE RECEIVED BY APRIL 23, 2019.
SCHEDULE OF EVENTS
8:30 - 9:00 a.m. REGISTRATION, refreshments
9:00 - 10:00 a.m. Apprendi Has Trumped Guerrero: Descamps, Gallardo, the Sixth Amendment (and Due Process Under the 14th Amendment) Undermine Judicial Findings of "Non-Elemental Facts" Concerning Prior Convictions by Assistant Director William Robinson
10:00 - 11:00 a.m. The View From the Bench: Comments from a New Appellate Justice by Sixth District Court of Appeal Justice Allison Danner
11:00 - 11:15 a.m. Intermission
11:15 - 11:45 a.m. Setting the Record Straight: When and How to Settle the Record on Appeal by Staff Attorney Anna Stuart
11:45 - 12:15 p.m. Petitions for Writ of Mandate: When to File Them and What to Say by Staff Attorneys Paul Couenhoven and Lori Quick
12:15 -1:15 p.m. Ethics in the Modern Age - The New Rules of Professional Responsibility by Staff Attorneys Jonathan Grossman and Patrick McKenna
1:15 - 1:30 p.m. Presentation of Gerald Z. Marer Award for Panel Excellence by Executive Director Dallas Sacher
1:30 - 2:00 p.m. LUNCH
PAUL COUENHOVEN graduated from Wayne State University Law School in 1983. After spending two years with the Alameda County Public Defender’s Office, he began his practice as a panel attorney, eventually joining all five project panels and doing federal capital appellate defense. He joined the SDAP staff in 1997. Paul’s recent victories include People v. Hofsheier (2006) 37 Cal.4th 1185 [equal protection violation to make sex offender registration mandatory for unlawful oral copulation but optional for unlawful sexual intercourse]; In re Grunau (2008) 169 Cal.App.4th 997 [reinstatement of appeal dismissed for failure to file opening brief]; Lewis v. Superior Court (2008) 169 Cal.App.4th 70 [petitioner removed from sexual offender registry]; People v. Kanda (2009) H031532 [murder conviction reversed due to erroneous manslaughter instruction]. During the past year, Paul won a reversal of a murder conviction on the basis that the trial court erroneously admitted evidence of a co-defendant's statement (People v. Urbina and Cornejo, B252819) and the reversal of a jurisdictional finding in a dependency case on the ground of inadquate ICWA notice (In re J.B., et al., H042411).
JUSTICE ALLISON DANNER is a graduate of Stanford Law School. Following law school, Justice Danner worked as a law clerk for Judge Noonan on the Ninth Circuit and for Justice Stevens on the U.S. Supreme Court. After serving as a law professor at Vanderbilt University for six years, Justice Danner became an Assistant U.S. Attorney in California and worked in that capacity for five years. In 2012, Justice Danner was appointed to the Santa Clara County Superior Court. In July 2018, Governor Brown appointed Justice Danner to the Court of Appeal.
JONATHAN GROSSMAN is a 1991 graduate of Hastings College of Law. Jonathan worked as a Deputy Public Defender in San Joaquin County from 1991 to 1999 where he handled numerous law and motion and appellate matters in both criminal and child dependency cases. Jonathan joined SDAP in 1999. Among his notable victories are Juan H. v. Allen (9th Cir. 2005) 408 F.3d 1262, in which he obtained federal habeas to reverse his client’s murder and attempted murder convictions due to insufficiency of the evidence and People v. Whaley (2008) 160 Cal.App.4th 779, reversing a life commitment as a sexually violent predator imposed retroactively following a revision of the SVP law.
PATRICK McKENNA is a 2010 graduate of the University of San Diego School of Law. During law school, he spent one year as a law clerk with Appellate Defenders, Inc. (ADI). Following graduation, he worked as a research clerk at the Santa Clara County Public Defender’s Office. After being admitted to the State Bar, he moved into private practice, working as an attorney at Nolan, Armstrong & Barton, LLP in Palo Alto and as a panel attorney for both ADI and SDAP. He began working as a staff attorney with SDAP in June 2012. Patrick's victories include People v. Gonzales (2015) 232 Cal.App.4th 1449 and People v. Rios (2013) 222 Cal.App.4th 542.
LORI QUICK graduated from the University of San Francisco School of Law in 1990. Between 1990 and 1992, she was a Deputy Public Defender in Marin County. In 1992, Lori joined the Public Defender’s Office in Santa Cruz. Lori became a SDAP staff attorney in 1996. Lori's litigation victories include a grant of habeas corpus from the Ninth Circuit for a Three Strikes client due to instructional error concerning use of domestic violence propensity evidence (Acosta v. Lewis, 04-17017) and obtained a full reversal of multiple sex offense convictions and resulting 162 year to life sentence in People v. Ojeda, H029199.
WILLIAM ROBINSON is a 1980 graduate of UC Davis Law School. Bill has been a criminal defense lawyer ever since. He joined the SDAP panel in 1987 and the SDAP staff in 1998. Bill became SDAP's Assistant Director in 2012. He has prevailed in numerous published cases, including People v. Mendoza (1998) 18 Cal.4th 1114, People v. Le (2006) 136 Cal.App.4th 925 and People v. Miller (2009) 175 Cal.App.4th 1109. He recently obtained an OSC from the Sixth District in a Three Strikes case on an IAC claim due to counsel’s failure to contest an alleged prior strike for infliction of great bodily injury where the People could not prove the victim was not an accomplice, and obtained a favorable decision in the superior court.
DALLAS SACHER is a 1981 graduate from the Santa Clara University School lf Law. Dallas began his legal career as a staff attorney for Presiding Justice George Brown of the Fifth District Court of Appeal. Dallas was a founding attorney with SDAP in 1988 and became its Executive Director in 2012. His recent victories include People v. Clancey (2013) 56 Cal.4th 562, People v. Witcraft (2011) 201 Cal.App.4th 659, People v. Kim (2011) 193 Cal.App.4th 1355 and G.C. v. Superior Court (2010) 183 Cal.App.4th 371.
ANNA STUART graduated from the Monterey College of Law in 2015. After a brief stint as a panel attorney, Anna joined the SDAP staff in October 2016.
(February 26, 2019)
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