Sixth District Appellate Program Spring Appellate Seminar
Friday, May 1, 2020, 8:30 a.m. - 2:00 p.m.
Milton Marks Conference Center, State Building
350 McAllister Street, San Francisco, CA

RESERVATION

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 APRIL 29, 2020. 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.

Name: ___________________________________________________
State Bar No. _____________________________________________
Address: _________________________________________________
_________________________________________________________
Phone: __________________________________________________
E-Mail: _________________________
_______________________

__ 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. 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 21, 2020.

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SCHEDULE OF EVENTS

8:30 - 9:00 a.m. REGISTRATION, refreshments

9:00 - 10:00 a.m.How to Write a Great Opening Brief (As If I knew...) by Assistant Director William Robinson

10:00 - 11:00 a.m. Clearing Procedural Hurdles: Getting Your Case Before the Court of Appeal by Staff Attorneys Lori Quick and Joseph Doyle

11:00 - 11:15 a.m. Intermission

11:15 - 12:15 p.m. Arguing Judicial Bias and Judicial Misconduct on Appeal by Staff Attorneys Anna Stuart and Executive Director Patrick McKenna

12:15 -1:15 p.m. Federalization in Criminal and Non-Criminal Appeals by Staff Attorneys Jonathan Grossman and Paul Couenhoven

1:15 - 1:30 p.m. Presentation of Gerald Z. Marer Award for Panel Excellence by Executive Director Patrick McKenna

1:30 - 2:00 p.m. LUNCH

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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; In re Grunau (2008) 169 Cal.App.4th 997; Lewis v. Superior Court (2008) 169 Cal.App.4th 70; People v. Kanda (2009) H031532. More recently, Paul won the reversal of a jurisdictional finding in a dependency case on the grounds of inadquate ICWA notice. (In re J.B., et al., H042411).

JOSEPH DOLYE graduated from the University of Virginia School of Law in 2010. He worked briefly for Sidley Austin LLP in New York City before becoming a staff attorney with the Legal Aid Society's Criminal Defense Practice in Staten Island. While practicing as a pubic defender in Staten Island, Joe helped establish the Staten Island Bad Cop Database, a forerunner to the Legal Aid Society's Cop Accountability Project. In 2017, he moved to California and became a Deputy Public Defender in Monterey County. He joined SDAP in July 2019.

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 became SDAP's Executive Director in July 2019 after working as a staff attorney since June 2012. He 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. Her published victories include: People v. Santos (2019) 38 Cal.App.5th 923 and People v, Miller (2009) 175 Cal.App.4th 206.

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.

ANNA L. STUART graduated from the Monterey College of Law in 2015. Prior to attending law school, she worked as a financial analyst for 10 years. After a brief stint as a panel attorney and as a supervisor with the San Jose State University Record Clearance Project, Anna joined the SDAP staff in October 2016. Among her appellate successes is People v. Christian (H044243), where the court reversed her client's 25 year to life sentence after finding trial counsel ineffective for failing to object to judicial misconduct.

(March 3, 2020)
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TEL (408) 241-6171 FAX (408) 241-2877      95 S. Market Street, Suite 570, San Jose CA 95113