Sixth District Appellate Program
Virtual Fall Appellate Seminar
Friday, October 2, 2020, 10:00 a.m. - 12:00 noon (Via Zoom)
Friday, October 9, 2020, 10:00 a.m. - 12:15 p.m. (Via Zoom)
The Seminar is free of charge to all SDAP panel attorneys and will be held via Zoom. Because each day of the webinar is restricted to 100 people, advance registration is required. This can be done via the links provided in a SDAP panel alert. 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 4 hours (two hours for each day). 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.
SCHEDULE OF EVENTS
Friday, October 2, 2020
10:00 - 11:00 a.m. Arguing Judicial Bias and Judicial Misconduct on Appeal by Staff Attorneys Anna Stuart and Joseph Doyle - This presentation will cover how to litigate claims of judicial misconduct and bias on appeal.
11:00 -12:00 noon Federalization in Criminal and Non-Criminal Appeals by Staff Attorneys Jonathan Grossman and Paul Couenhoven - This presentation will cover how to properly raise federal claims in state appeals as well as the availability of constitutional rights in non-criminal cases.
Friday, October 9, 2020
10:00 - 11:00 a.m. Clearing Procedural Hurdles: Getting Your Case Before the Court of Appeal by Staff Attorneys Lori Quick and Executive Director Patrick McKenna - This presentation will cover how to avoid running into threshold issues such as foreiture and waiver in filing appellant's opening brief.
11:00 - 12:00 noon. How to Write a Great Opening Brief (As If I knew...) by Assistant Director William Robinson - This presentation will cover various aspect of planning and drafting appellant's opening brief.
12::00 - 12:15 p.m. Presentation of Gerald Z. Marer Award for Panel Excellence by Executive Director Patrick McKenna
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.
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 3, 2020)
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