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 …
Review Petitions Should Always be Filed as Criminal Cases Read More »
The initial step in handling any appeal is to check the notice of appeal and, in guilty plea cases, the certificate of probable cause. In this presentation, CCAP Staff Attorneys Siena Kautz and Brad Bristow will discuss what judgments and orders are appealable, the requirements for the notice of appeal, the requirements for the certificate …
FDAP is excited to welcome the panel back to an in-person training event at a new location, Preservation Park (Nile Hall) in Oakland. It will be on April 14, 2023. Please note the training will not be recorded or live-streamed. The seminar will feature a moderated discussion with three justices from the First District Court of Appeal: Gordon …
The First Annual CLA Committee on Appellate Courts “Meet New Justices” Program will be Wednesday, March 23, 2023 at 12:15 p.m. This is a unique opportunity to hear from some of the newest and highly respected justices on the Court of Appeal across California. This year features Justices Stacy Boulware (3DCA), Martin Buchanan (4/1), Jeremy …
Dear Panel Attorneys:I hope this email finds you safe and well as we continue to march onthrough this pandemic. I appreciate everyone’s hard work and patience aswe deal with a reduced caseload and delayed records. I am optimistic thatthings will continue to improve.The letter below has several important updates on old claims, MCLEs, panelmanagement, and …
This letter has several important updates on old claims, MCLEs, panelmanagement, and record delays. Please review.
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.
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 …
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 …
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 …
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 …
When Referring to Minors, Sex Victims in the D.C.A. Read More »
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 …
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 …
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 »
Article by Paul Couenhoven Despite the long odds of winning an appeal, maybe, just maybe, you will soon join the hit parade and win a case. So, you celebrate with a toast of champagne, ship the transcripts to the client and move on to your next case. Right? Well, maybe. Winning in the court of …
California Rules of Court, rule 28(d) provides that two separate petitions for review are required when the Court of Appeal denies an appeal and a habeas petition “without issuing an order to show cause and without formally consolidating the two proceedings, . . . .” As a matter of course, the Sixth District Court of …
Petitions for Review When the Habeas Petition is Discussed in the Opinion Read More »
The Gerald Z. Marer Award for Panel Excellence SDAP conducts an annual seminar that offers four hours of continuing legal education relevant to the practice of criminal appellate law. At the conclusion of each seminar, SDAP announces the winner of that year’s Gerald Z. Marer Award. The late Gerald Z. Marer was an inspirational figure. …