Pending Issues
Criminal Law
Dependency Law
Habeas Corpus
Petitions
Victories


The following articles are provided to assist in your research. Some of the material has been superseded by more recent developments in the law. You should never rely solely on the information provided here. You should always read a cited case to be sure it is accurate, and you should always check to be sure it remains valid case law.

People v. Sanchez and its Implications (from the 2017 SDAP seminar)

First do no Harm: Adverse Consequences (from the 2017 SDAP seminar)

Propositions 36, 47, 57, 64, and 66 (from the 2017 SDAP seminar)

Pre-Fling Responsibilities (from the 2017 SDAP seminar)

Roper, Graham, Miller, and Their Progeny (from the 2017 SDAP seminar)

Everything You Always Wanted to Know About Sex Cases (from the 2016 SDAP seminar)

Appeals From Orders After Judgment (from the 2016 SDAP seminar)

Developments in Digital Privacvy: Fourth Amendment and Probation Conditions (from the 2016 SDAP seminar)

Representing Clients with Mental Health Issues (from the 2016 SDAP seminar)

How to Use and Disabuse Precedent (from the 2016 SDAP seminar)

All You Need to Know About Rehearing And Review Petitions: A Second Look (from the 2016 SDAP seminar)

Standards of Review and How to Satisfy Them (from the 2015 SDAP seminar)

Practical Appellate Issues Relating to DNA Evidence I (from the 2015 SDAP seminar)

Practical Appellate Issues Relating to DNA Evidence II (from the 2015 SDAP seminar)

Identifying and Challenging Prosecutorial Misconduct I (from the 2015 SDAP seminar)

Identifying and Challenging Prosecutorial Misconduct II (from the 2015 SDAP seminar)

Has Apprendi Trumped Guerrero? Discussing Descamps and Other Developments (from the 2015 SDAP seminar)

Prima Facie Case for Relief in Appeals (from the 2014 SDAP seminar)

Three Strikes Reform Act Update (from the 2014 SDAP seminar)

Speedy Trial and Statute of Limitations (from the 2014 SDAP seminar)

Recurring Issues in Gang Appeals I (from the 2014 SDAP seminar)

Recurring Issues in Gang Appeals II (from the 2014 SDAP seminar)

Immigration Law for the Appellate Lawyer (from the 2014 SDAP seminar)

Efficient and Accurate Preparation of Your Fee Claim (from the 2014 SDAP seminar)

Three Strikes Law After Proposition 36 (from the 2013 SDAP seminar)

AEDPA: Why Bother Federalizing? (from the 2013 SDAP seminar)

Recurring Issues in Probation Appeals (from the 2013 SDAP seminar)

Ethical Duties in Communications (from the 2013 SDAP seminar)

Mental State Issues in Homicide Offenses (from the 2012 SDAP seminar)

Presentence Credits: The Continuing Saga (from the 2012 SDAP seminar)

Youthful Offenders in Juvenile and Adult Court (from the 2012 SDAP seminar)

Between the Right to Self-Representation and the Right to Counsel (from the 2012 SDAP seminar)

The Due Process Right to Adequate Notice of the Charges (from the 2012 SDAP seminar)

Dealing with Procedural Problems in Suppression Motions (from the 2012 SDAP seminar)

Bullcoming and Beyond (from the 2012 FDAP seminar)

Juror Misconduct (from the 2011 SDAP seminar)

Expert Opinion Testimony (from the 2011 SDAP seminar)

How to Tell an Arguable Issue From a Frivolous One (from the 2011 SDAP seminar)

The Saga of Penal Code section 4019 (from the 2011 SDAP seminar)

Avoiding Common Pitfalls in Appellate Practice (from the 2011 SDAP seminar)

Effective Legal Argument (from the 2010 SDAP seminar) with appendix in pdf.

Self-Defense: Instructional Issues (from the 2010 SDAP seminar)

Self-Defense: Evidentiary Issues (from the 2010 SDAP seminar)

Arguing Ineffective Assistance of Counsel on Appeal (from the 2010 SDAP seminar)

Turning Murder Into Manslaughter (from the 2010 SDAP seminar)

Hot Topics in Mental Health, Part I (from the 2010 SDAP seminar)

Hot Topics in Mental Health, Part II (from the 2010 SDAP seminar)

Suppressing Confessions (from the 2009 SDAP seminar)

Issues in Juvenile Delinquency Dispositions (from the 2009 SDAP seminar)

Attack and Enforcement of Plea Bargains (from the 2009 SDAP seminar)

Credits Redux: How to Get 'Em, When to Get 'Em (from the 2009 SDAP seminar)

A Primer on Prejudicial Error: The Applicable Tests and how to Satisfy Them. (from the 2009 SDAP seminar)

Keeping it a Fair Fight: Attacking Prosecutorial Misconduct (from the 2008 SDAP seminar)

Perfecting a Sentencing Appeal and a few Selected Sentencing Issues (from the 2008 SDAP seminar)

Challenging the Testimony of Gang Experts (from the 2008 SDAP seminar)

Defense Theories and Instructions (from the 2008 SDAP seminar)

How to Develop a Competing Narrative of Facts that Trumps the Crime (from the 2008 SDAP seminar)

All You Will Even Need to Know About Rehearing and Review Petitions (from the 2008 SDAP seminar)

Constitutional Rights Available in Proceedings Other Than Criminal Trials (from the 2007 SDAP seminar)

Cunningham Update (from the 2007 SDAP seminar)

Oral Argument (from the 2007 SDAP seminar)

Common Evidentiary Issues, Part I (from the 2007 SDAP seminar)

Common Evidentiary Issues, Part II (from the 2007 SDAP seminar)

Ethical Duties of Trial Counsel to Former Clients and Appellate Counsel (from the 2007 SDAP seminar)

Ethical Duties of Appellate Counsel to Client and Court (from the 2007 SDAP seminar)

Guerrilla War Against the Three Strikes Law (from the 2006 SDAP seminar)

Issues in the Trial of Prior Conviction Allegations (from the 2006 SDAP seminar)

Homicide Cases: The Search for Issues (from the 2006 SDAP seminar)

Wheeler-Batson Developments (Jan. 2006)

Ethical Dilemmas I (from the 2005 SDAP seminar)

Ethical Dilemmas II (from the 2005 SDAP seminar)

Ex Post Facto Clause (from the 2005 SDAP seminar)

Deciphering Psychological Evaluations (from the 2005 SDAP seminar)

Crawford (from the 2004 SDAP seminar)

Criminal Threats and Witness Dissuasion (from the 2004 SDAP seminar)

Issue Spotting (from the 2004 SDAP seminar)

All Those Fines (from the 2004 SDAP seminar)

Immigration Consequences (from the 2004 SDAP seminar)

Evidentiary Issues Frequently Arising in Homicide Cases

Evidentiary Issues Frequently Arising in Sex Cases

Sex Crime Instructional Error Issues

Four Easy Steps to Understanding Determinate Sentencing Law (Updated 2017)

Getting Credit When Credit is Due

 


Penalty Assessments


Material from the 2013 FDAP/SDAP Appellate Workshop


Appellate College Material


Additional articles from FDAP concerning criminal cases


Additional articles from CCAP concerning criminal cases


Additional articles from FDAP concerning delinquency cases




TEL (408) 241-6171 FAX (408) 241-2877      95 S. Market Street, Suite 570, San Jose CA 95113