Sixth District Appellate Program
Foundations of Appellate Practice
Fall 2020 Virtual Seminar Series (Via Zoom)

#1 - Friday, October 30, 2020, 10:00 a.m. - 12:00 noon
#2 - Friday, November 6, 2020, 10:00 a.m. - 1:00 p.m.

#3 - Friday, November 13, 2020, 10:00 a.m. - 12:00 noon
#4 - Friday, November 20, 2020, 10:00 a.m. - 12:00 noon

RESERVATION

Join SDAP this Fall for a virtual seminar series designed specifically for less-experienced panel attorneys while also offering helpful information for all panel members. A registration link will be provided by email. Panel attorneys from any of the five projects will be given preference in securing one of the 100 available spots for each day. The seminar is free of charge and will be held via Zoom. You must register separately for each day. All attendees wil be emailed with the written materials in advance of the seminars. All articles will later be posted on the SDAP website.

An application is pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 9 hours (one hour for each presentation). 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.

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SCHEDULE OF EVENTS

#1 - Friday, October 30, 2020

10:00 - 11:00 a.m. Pre-Briefing Responsibilities and Record Correction Problems by Staff Attorneys Anna Stuart and Joseph Doyle

11:00 -12:00 noon Issue Spotting by Assistant Director William Robinson

#2 - Friday, November 6, 2020

10:00 - 11:00 a.m. How to Write a Great Brief by Assistant Director William Robinson and Staff Attorney Paul Couenhoven

11:00 - 12:00 noon Standards of Review and Prejudice (And How to Satisfy Them) by Executive Director Patrick McKenna and Staff Attorney Jonathan Grossman

12::00 - 1:00 p.m. Plea Bargaining & Sentencing by Staff Attorneys Jonathan Grossman and Anna Stuart

#3 - Friday, November 13, 2020

10:00 - 11:00 a.m. Writing a Reply Brief by Guest Presenter FDAP Staff Attorney Jeremy Price

11:00 -12:00 noon Oral Argument by Assistant Director William Robinson

#4 - Friday, November 20, 2020

10:00 - 11:00 a.m. Waiver and Forfeiture by Guest Presenter FDAP Assistant Director J. Bradley O'Connell

11:00 - 12:00 noon Rehearing and Review Petitions by Assistant Director William Robinson

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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. 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.

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,among others.

J. BRADLEY O'CONNELL joined FDAP in 1986 as one of its original staff attorneys. Brad has litigated appeals and authored articles on a range of issues, including homicide, jury instructions, enhancements, and habeas corpus. He has argued before the U.S. and California Supreme Courts, including Hedgpeth v. Pulido (2008) 555 U.S. 57 (erroneous theories of liability), People v. Randle (2005) 35 Cal.4th 487 (imperfect defense of others), People v. Buza (2018) 4 Cal.5th 658 (DNA arrestee standards), and People v. Duvall (1994) 9 Cal.4th 464 (state habeas corpus standards). He previously co-taught Post-Conviction Remedies at UC-Hastings.

JEREMY PRICE has been a FDAP staff attorney since 2005. He concentrates on civil commitment appeals, while also representing indigent clients in criminal and juvenile delinquency appeals. His cases have been resulted in dozens of published opinions, including recent favorable decisions in Conservatorship of E.B. (2020) 45 Cal.App.5th 986, People v. Steward (2018) 20 Cal.App.5th 407, and In re Khalid B. (2015) 233 Cal.App.4th 1285. In 2019, he was appointed by the Chief Justice of California to the Criminal Jury Instructions Advisory Committee, which makes recommendations to the Judicial Council of California for updating CALCRIM.

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.

(September 25, 2020)
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