SDAP Seminar May 12, 2007 at Santa Clara Marriott

SIXTH DISTRICT APPELLATE PROGRAM AND THE JUDICIAL COUNCIL'S APPELLATE INDIGENT DEFENSE OVERSIGHT COMMITTEE PRESENTS SPRING APPELLATE SEMINAR

Saturday, May 12, 2007, 8:30 a.m. - 2:00 p.m.

Marriott Santa Clara, 2700 Mission College Blvd., Santa Clara, California

8:30 - 9:00 a.m. Registration and Continental Breakfast

9:00 - 9:45 a.m. Constitutional Rights in Procceedings Other Than Criminal Trials by J. Grossman

9:45 -10:15 a.m..Cunningham Update by Paul Couenhoven

10:15-11:00 a.m. Oral Argument: Getting In the Zone by William Robinson

11:00-11:15 a.m. Break - Refreshments

11:15-12:15 p.m. Common Evidentiary Issues by Dallas Sacher and Michael Kresser

12:15-12:45 p.m. Ethical Duties of Trial Counsel to Clients, Appellate Counsel by Vicki Firstman

12:45- 1:15 p.m. Ethical Duties of Appellate Counsel to Clients by Lori Quick

1:15 - 1:25 p.m. Presentation of the Gerald Z. Marer Award for Panel Excellence

1:25 - 2:00 p.m. Buffet Lunch

RESERVATIONS MUST BE RECEIVED BY MAY 4, 2007

THIS SEMINAR IS FREE FOR MEMBERS OF THE SDAP PANEL DUE TO THE SPONSORSHIP OF THE JUDICIAL COUNCIL'S APPELLATE INDIGENT DEFENSE OVERSIGHT ADVISORY COMMITTEE. HOWEVER, DUE TO THE SIZE OF OUR MEETING ROOM, SPACE IS LIMITED TO THE FIRST SEVENTY-FIVE PANEL MEMBERS WHO RESERVE. IF UNABLE TO ATTEND, YOU MAY REQUEST A FREE SYLLABUS. YOU MAY MAKE A RESERVATION OR REQUEST A SYLLABUS BY MAIL OR BY E-MAILING yoli@sdap.org.

An application is pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of four hours including one hour of ethics. 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.

PRESENTERS:

PAUL COUENHOVEN graduated from Wayne State University Law School in 1983. He clerked for U.S. District Court Judge Avern Cohn in Detroit for two years. He came to California and worked for Patrick Hallinan before joining the Alameda County Public Defender's office in 1987. In 1989, he began his practice as a panel attorney, eventually joining all five project panels and doing capital appellate defense. He joined the SDAP staff in 1997. Paul's recent victories include People v. Hofsheier (2006) 37 Cal.4th 1185 [equal protection violation to make sex offender registration mandatory for unlawful oral copulation but optional for unlawful sexual intercourse].

VICKI FIRSTMAN
has been a SDAP staff attorney since 1996. Vicki is a graduate of Santa Clara Law School. She began her legal career with the Monterey County Public Defender where she represented clients until 1982. Vicki was a judicial attorney with the Sixth District Court of Appeal from its inception in 1984 until 1995. She is involved with both criminal and dependency cases in her staff work, and has assisted in major habeas litigation in dependency and with regard to advisement of immigration consequences.

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 is Juan H. v. Allen (9th Cir. 2005) 408 F.3d 1262 in which he obtained federal habeas relief to reverse his client's murder and attempted murder convictions due to insufficient evidence.

MICHAEL KRESSER has been Executive Director of SDAP since its inception in 1988. After graduation from Stanford Law School, Michael joined the Santa Clara County Public Defender's Office in 1976. He twice headed the office's Research Division between three stints on the felony trial calendar. From 1980-1982, he took a leave to become a judicial attorney at the California Supreme Court. Michael became Chief Appellate Attorney of the Conflicts Administration Program in 1985. He was prevailing counsel in In re George T. (2004) 33 Cal.4th 620 in which the California Supreme Court reversed a Juvenile Court finding of a criminal threat based on a high school student's poem, and in People v. Trujillo (2006) 40 Cal.4th 165, in which the Supreme Court ruled that a defendant's admission in a probation report could not be used to establish that a prior conviction constituted a "strike."

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 recently obtained 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.

WILLIAM M. ROBINSON
is a 1980 graduate of UC Davis Law School. Bill has been a criminal defense lawyer ever since. He has won numerous appellate cases including People v. Mendoza (1998) 18 Cal.4th 1114, People v. Gangemi (1993) 13 Cal.App.4th 1790, People v. Garcia (1987) 195 Cal.App.3d 191 and People v. Fuller (1982) 136 Cal.App.3d 403. Bill joined the SDAP staff in 1998 and was SDAP's faculty member at the inaugural Appellate Advocacy College in 2000. His most recent success was obtaining a full reversal of multiple convictions, including attempted murder with gun use and gang enhancements, carrying a 40 year to life sentence in People v. Blancarte, H026676.

DALLAS SACHER is SDAP's Assistant Director. He graduated from Santa Clara Law School in 1981. Dallas worked as a staff attorney for Presiding Justice George Brown of the Fifth District Court of Appeal from 1982 to 1983. After a stint at an LA firm, Dallas moved north and began a private appellate practice. He joined SDAP's predecessor, the Conflicts Administration Program as a staff attorney in 1986. Dallas has been an editor of Forecite since its inception in 1990. His most recent litigation success was obtaining an OSC by order of the California Supreme Court, and then representing his client at the subsequent evidentiary hearing in superior court, where he got one of two convictions set aside due to IAC. His client was then resentenced from 25 years to life to six years and released. (In re Magnan, S133572.)

(March 10, 2007)


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