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Sixth District Appellate Program
The SDAP Way
A Passion for Justice
SDAP’s attitude toward the representation of indigents is that expressed in Von Moltke v. Gillies (1948) 332 U.S. 708:
“Undivided allegiance and faithful, devoted service to a client are prized traditions of the American lawyer. It is this kind of service for which the Sixth Amendment makes provision. And nowhere is this service deemed more honorable than in case of appointment to represent an accused too poor to hire a lawyer, even though the accused may be a member of an unpopular or hated group, or may be charged with an offense which is peculiarly abhorrent.” (Id., at pp. 725-726, fn. omitted.)
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Wanted: SDAP Staff Attorney
Review Petitions Should Always be Filed as Criminal Cases
Transferring Exhibits
Mandatory Form for Augment Motions
Wanted: SDAP Staff Attorney
SDAP is currently accepting applications from individuals interested in working as a full-time staff attorney. Employment will begin this summer. Like the rest of the SDAP staff, this position is subject to a hybrid work model, meaning that the employee must work at least two days per week (including Thursdays) at SDAP’s office; the remainder …
Review Petitions Should Always be Filed as Criminal Cases
Recently, we have seen some dependency panel attorneys face difficulty in utilizing Truefiling to file review petitions in the California Supreme Court. When initiating a new case by filing an original petition – including a writ petition or petition for review – select “File” and follow the on-screen prompts for making a submission. Very important …
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Transferring Exhibits
Often a key piece of evidence is an exhibit that is not in the clerk’s transcript. Counsel should be sure to move to transfer the exhibit to the court of appeal.
Mandatory Form for Augment Motions
All motions to augment the record filed in the Sixth District Court of Appeal on or after November 13, 2017 must be accompanied by the court’s fillable standard order form that can be found here. The court has given us the following guidance regarding three aspects of the form. First, near the top of page one, there …
TrueFiling in the Sixth District
The Sixth District Court of Appeal requires electronic filing through TrueFiling. If you have not already done so, you must register with TrueFiling to electronically file documents in the court of appeal. TrueFiling is a private vendor that has contracted with the state to facilitate the electronic filing system. There is a fee for using TrueFiling, but …
Supporting Claims for Unbriefed Issues
The review of claims for research into unbriefed issues presents problems for claims reviewers at the projects and for members of AIDOAC who audit panel claims. The obvious problem is that, unlike other time that is claimed for preparation of motions, briefs and petitions, there is no work product to examine. Plus, the reviewer does …
When Referring to Minors, Sex Victims in the D.C.A.
The court of appeal prefers that a juvenile and parties in juvenile cases be referred to by their initials instead of the first name and last initial. The minor’s date of birth, address, and other identifying information should not be included. This would often include the names of the minor’s parents. The same rule applies …
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No Issue Briefs in Dependency Cases
SDAP recommends the following procedure when appellate counsel cannot find an issue to brief in a dependency case. Counsel should file a brief that clearly indicates on the cover and in the text of the brief that no issue is being raised. The brief should include a statement of facts and case. It does not …
Petitions for Review are Important
After receiving an adverse result in the Court of Appeal, it is the duty of appellate counsel to provide the client with a reasoned and well informed opinion as to whether to take a petition for review to the California Supreme Court. When should a petition for review be taken and what is the proper …
Penalty Assessments: When a $100 Fine Equals $410 in Real Money
The Legislature has added a host of new penalty assessments that makes it more difficult to determine if the court imposed the correct fine. It is important to calculate the correct penalty assessment in order to determine if there is an issue on appeal or a potential adverse consequence. Penalty assessments are mandatory and can …
Penalty Assessments: When a $100 Fine Equals $410 in Real Money Read More »