Sixth District Appellate Program Virtual Appellate Seminar
Thursday, December 1, 2022, 10:00 a.m. - 12:00 Noon. (Via Zoom)

Thursday, December 8, 2022, 10:00 a.m. - 12:15 p.m. (Via Zoom)

RESERVATION

The Seminar is free of charge to all SDAP panel attorneys and will be held via Zoom. Advance registration is required. This can be done via the links provided in a SDAP panel alert. You must register separately for each day. All attendees wil be emailed with the written materials in advance of the seminar. All articles will later be posted on the SDAP website.

SDAP has been approved by the California State Bar as an MCLE Multiple Activity Provider. This seminar series is approved for 4.0 hours of General MCLE credits. 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.

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SCHEDULE OF EVENTS

Thursday, December 1, 2022

10:00 - 11:00 a.m. Social Science on Appeal: The Sequel by Staff Attorneys Joseph Doyle and Anna Stuart - This presentation is a continuation of a topic presented last year. It will focus on utilizing social science research in your briefs.

11:00 -12:00 noon. Penal Code Section 1170: Then and Now by Senior Staff Attorney Bill Robinson - This presentation will discuss the many changes and evolving case law regarding Penal Code section 1170.

Thursday, December 8, 2022

10:00 - 11:00 a.m. Legal Developments in Challenging Gang Enhancements and Gang-Related Crimes (AB 333) by Senior Staff Attorney Paul Couenhoven - This presentation will cover AB 333 and the case law stemming from it.

11:00 - 12:00 noon. Hot Issues in SB 1437 Litigation by Senior Staff Attorney Jonathan Grossman - This presentation will provide an overview of the developing case law surrounding Penal Code section 1172.6.

12::00 - 12:15 p.m. Presentation of Gerald Z. Marer Award for Panel Excellence by Executive Director Patrick McKenna

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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 before joining the SDAP staff in 1997. Paul's recent victories include People v. Nesler (1997) 16 Cal.4th 561; 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; and People v. Brown (2019) 32 Cal.App.5th 726.

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. 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; People v. Rios (2013) 222 Cal.App.4th 542; People v. Seymour (2015) 239 Cal.App.4th 141; and People v. Sumagang (2021) 69 Cal.App.5th 712.  

LORI QUICK graduated from the University of San Francisco School of Law in 1990. She worked as a deputy public defender in Marin and Santa Cruz Counties before joinindg SDAP as a staff attorney in 1996. She became assistant director in January 2021. 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 a full reversal of multiple sex offense convictions and resulting 162 year to life sentence in People v. Ojeda, H029199. More recently, Lori obtained a complete reversal of all felony counts in People v. Brumsey, H043749 due to th erroneous admission of hearsay, and a sentencing reversal in People v. Mixon-Givens, H044705 on Gallardo grounds which resulted in a sentence reduction of nearly 50%. Her published victories include: People v. Lopez (2020) 57 Cal.App.5th 409; People v. Contreraz (2020) 53 Cal.App.5th 965; 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, and served as assistant director from 2012 through 2020. 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; People v. Miller (2009) 175 Cal.App.4th 1109; People v. Pacheco (2011) 194 Cal.App.4th 343; People v. Morris (2015) 242 Cal.App.4th 94; and People v. Garcia (2016) 245 Cal.App.4th 555. Bill recently won a published reversal in People v. Brown (Sept. 21, 2021) 2021 Cal.App. Lexis 775, which disagreed with People v. Ferrer (2010) 184 Cal.App.4th 873. Bill is a longtime mentor in the "Greening" program, training panel attorneys in homicide and sex cases.

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.

(October 11, 2022)
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