SDAP has been informed by the Court of Appeal that in several, recent cases – particularly in juvenile cases – the Court has had difficulties getting the client’s address to send the client the standard letter advising them of their rights when a no-issue brief has been filed on their behalf. In a few cases, …
When filing an omission letter in the superior court, the Sixth District Court of Appeal requires the letter be filed and served on the Court of Appeal through TrueFiling. It is not enough to just serve the Court of Appeal. If the letter is only served on the Court of Appeal, the court might miss …
Parties are required to use the Judicial Council’s standardized forms when requesting extensions of time in the Sixth District. Attorneys might have their EOTs rejected if the form is not used. If you have any questions, please reach out to your staff attorney buddy. An unlocked version of the form in criminal cases can be …
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 »
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. …