home

news alerts / newsletters

News Alerts Index

Note: The information, citations, hyperlinks, etc., provided in any alert are current at the time of that alert. But ADI does not update such matters after publication.

Note: A majority of the documents linked on this page are in PDF format. Adobe Acrobat Reader 5.0 or higher is required to view and use the documents. Get a FREE copy of Adobe Acrobat Reader by clicking here.

2017


Panel News Alert - July 7, 2017

This alert covers:

JCC issues new travel expense reimbursement rates for appointments after January 1, 2017.

Sperling court deletes footnote, adds concurrence.

Supreme Court releases rules governing TrueFiling in that court.


Panel News Alert - June 19, 2017

This alert covers:

TrueFiling will begin on July 10 in the California Supreme Court.

JCC will no longer accept inquiries directly from panel attorneys about the status of pending claims and will require all such communications to go through the projects.

Second District warns of potential sanctions for frivolous appeals.


Special Alert - May 2017

This alert covers:

Extension requests and billing records

Use Judicial Council forms for extension requests and fill them out properly.

Keep accurate time records to the nearest one tenth of an hour.


Panel News Alert - February 6, 2017

This alert covers:

Some MCLE Opportunities for Panel Attorneys in Early 2017

Upcoming programs include:

ICWA law, February 8

New San Diego DA unit examining past convictions for possible exoneration through DNA advances, March 8

CADC annual conference, March 10-11

NACDL conference on forensic evidence and innocence claims, March 23


Panel News Alert - January 5, 2017

This alert covers:

Rules 8.70 through 8.79 of the California Rules of Court, governing electronic filing in California appellate courts, have been revised effective January 1, 2017, primarily to conform the rules to the court’s existing practice of mandatory TrueFiling. ADI has found no substantive differences between the new rules and the former ones or current practices as they affect counsel.


2016


Panel News Alert - November 22, 2016

  • Bryan Garner video seminar on December 12: ADI is presenting a recorded video seminar featuring nationally acclaimed speaker Bryan Garner. It will be in the ADI library at noon on Monday, December 12. Cost: $50. RSVP to staff attorney Patricia Ihara is required -- pmi@adi-sandiego.com. Webinar not available. More details here.
  • Change in Dependency Representation in San Diego County Juvenile Court: The Dependency Legal Group has ceased operations. Parents' representation is now being handled by Dependency Legal Services of San Diego, and minors' representation is being handled by Children's Legal Services of San Diego. More details here.

Panel News Alert - October 26, 2016

To: Fourth Appellate District Panel

From: Appellate Defenders, Inc.

Date: October 26,2016

Re: New Extension of Time Forms for Criminal and Delinquency Briefs To Be Used in Fourth District


All three divisions of the Fourth District have approved the Judicial Council form CR-126 for extensions of time in criminal cases and Judicial Council form JV-816 for extensions of time in juvenile delinquency cases. Please use these effective immediately. They are being posted on the ADI Forms and Samples page in lieu of the current forms.

Juvenile dependency appeals are not affected by the changes.

The court has not made these forms mandatory, but they and ADI request they be used, for the ease and convenience of the persons reviewing them.

Panel News Alert - August 29, 2016

This alert covers:

  • Fourth District courts will not accept errata filings; instead, move to strike original and file replacement document
  • New rules on publication of review-granted cases likely apply only to cases granted review on or after July 1, 2016
  • Juvenile LWOP and equivalent:
    1. Franklin finds section 3051 satisfies constitutional requirement that
      defendants who commit crimes as juveniles have reasonable opportunity to
      earn release in their lifetime;
    2. Habeas corpus is apparently available to gain evidentiary hearing on
      youth-related factors at time of offense: In re Reyes, S233936 (remand order);
    3. Appellate counsel should raise Franklin and related issues and hopefully will
      help distribute ADI's pro per materials;
    4. High court has not yet spoken on terms for juvenile offenders not covered by
      section 3051.

Panel News Alert - June 16, 2016

This alert covers:

  • New rule 8.1115(e) keeps review-granted opinions published and citable for persuasive force
  • Second edition of ADI Manual includes dependency materials
  • Quin Denvir remembered for his leading role in appellate defense

Panel News Alert - June 1, 2016

This alert covers:

  • Electronic reporter's transcripts from San Diego County temporarily DELAYED
  • TrueFiling to begin June 6 in Division Two
  • Guide to motion practice updated for 2016
  • Attorneys reminded to use current JCC form for information changes

Panel News Alert - April 7, 2016

ADI’s service address, effective immediately, will be eservice-court@adi-sandiego.com. This applies to all cases, criminal or civil, whether service is by direct email or through TrueFiling. The announcement is here.

Instructions for serving ADI via TrueFiling are here.


Panel News Alert - March 31, 2016

TRUEFILING starts in Division One on April 4. ADI's announcement includes information about registration, training resources, special document requirements, claims, and sealed documents. 

Panel News Alert - February 24, 2016

TrueFiling comes to Fourth District starting in early April, one division at a time

The Fourth Appellate District will be implementing TrueFiling, the mandatory California courts electronic filing system, this year.

Start dates:  Each division will have a separate start date. We will provide exact dates when the court announces them. 

Division One will start in early April.

Division Two will start about two months later.

Division Three will start last.

Training:

The software company is offering free introductory training to the public. ADI strongly recommends that panel attorneys unfamiliar with TrueFiling attend. Seminars are offered on March 14 from 12:00 to 1:30 p.m., and March 15 at 5:00 to 6:30 p.m. at the San Diego County Bar Association Conference Center.  A WebEx of the two training sessions will also be available. The flyer with information and registration material is here.

The court has additional TrueFiling materials on its website: http://www.courts.ca.gov/truefiling.htm.

ADI is evaluating what if any supplemental materials are needed for panel attorneys. It will have resource assistance and advice for panel attorneys, as well.


Panel News Alert - January 21, 2016

This alert covers:

  • Go to the trial court first to correct fines and fees: New Penal Code section 1237.2 requires appellate counsel go to the trial court before raising issues regarding fine and fee calculations. An informal request is adequate under this or section 1237.1.
  • Frivolous vs. marginal issues: Assess arguability of issues carefully and recognize a frivolous issue when you see one.
  • When silence is golden: Ethical and practical guidance in dealing with unpublished favorable decisions - other attorneys' cases and your own. Special word of advice: a victorious attorney should keep quiet about an unpublished win until it is final.
  • Tracking email-served documents: Protect your reputation by asking for a "delivered" or "opened" receipt when serving documents by email, to ensure your service was received. When you are the recipient of anticipated service, sign up for automatic notification of court filings in every case you are responsible for.
  • Multi-document attachments to augment and judicial notice requests: Arrange attached documents chronologically if possible, paginate consecutively, include chronicological and alphabetical indexes.
  • CADC Conference: The annual conference of CADC will be March 11-12, 2016, in San Jose. Registration open now.

2015


Panel News Alert - December 28, 2015

EXPANDED EMAIL SERVICE STARTING JANUARY 1, 2016 - "CHEAT SHEET" IS THE KEY


Panel News Alert - December 18, 2015

This alert covers:

  • Associate counsel: AIDOAC announces adoption of a statewide policy on the use of
    associate counsel, adopted by AIDOAC.
  • Augmentation and correction: Reminder of policy on when to use correction versus
    augmentation procedures.
  • Sealing of juvenile records: ADI guidance on proceedings under Welfare and
    Institutions Code section 786.
  • San Bernardino Superior Court appeals section is moving January 4, 2016.
  • Email service: Heads up – the use of email service will greatly expand at first of 2016.

Panel News Alert - September 22, 2015

This alert covers:

  • Electronic filing and service: Update on electronic service and filing in the Fourth District: (1) service with the Dependency Legal Group will be by email only in all San Diego County dependency appeals as of October 1; (2) panel attorneys are alerted that TrueFiling is scheduled to come to the Fourth District in the first half of 2016; (3) expansion of email service programs to other counties may continue despite TrueFiling.
  • Unneeded paper copies: Panel attorneys are reminded that paper copies of filings that may be e-filed or e-served are unnecessary and non-compensable.
  • Form for change of address, tax ID, etc.: The JCC has issued a new mandatory official form for notifying it and the projects of a change of panel attorney information, such as address or tax ID number.
  • Juvenile law section of San Diego County Bar Association: The SDCBA has created a new practice section for attorneys interested in juvenile law.
  • Anders issues in Wende briefs: The apparent latest word from the Fourth Appellate District supports inclusion of unbriefed issues in Wende briefs.

Panel News Alert - July 8, 2015

This alert covers:

  • Policies on unbriefed issues: AIDOAC has adopted a formal policy on unbriefed issues. It clarifies but does not change the policy and suggests how panel attorneys may describe them so as to get maximum compensation with minimum delay.
  • Motions, as well as writs, to be efiled in Division One: Division One allows motions to be efiled. Under the general rule that compensation is available only for the least expensive reasonable alternative, costs of paper filing of motions after this alert will not be compensable, without special reasons.

Panel News Alert - June 24, 2015

NOTICE

Service on various offices of the San Diego Public Defender is now electronic only

The San Diego County Public Defender’s Office has agreed to receive electronic copies of briefs and other documents via e-mail in all criminal and juvenile delinquency cases. This informal agreement includes all cases in which the San Diego County Primary Public Defender, Alternate Public Defender, Multiple Conflicts Office, or the Office of Assigned Counsel was appointed to represent the client in the trial court.

Effective immediately, counsel should begin e-mailing service copies to the applicable address from those listed below, in lieu of a paper copy. Because the electronic copy is more cost effective, no compensation will be provided for expenses related a paper copy served after the date of this notice. 

Email addresses

Briefs should be e-mailed to the appropriate office at the following e-mail address:

The e-mail addresses have been established for the sole purpose of receiving electronic filings, and should not be used to submit any other correspondence or information to those two offices. They are not monitored like regular email accounts. Instead, they are configured as data capture portals that automatically route any attachments for processing and storage.

Content and subject line

The San Diego Public Defender’s Office has asked that counsel include the following information in the “Subject” line or “Body” of all e-mails: 

  • Superior court case number
  • Defendant name
  • Words “Appeal Brief” or other applicable description 

This agreement does not require a formal memorandum of understanding because service on trial counsel is not required by the Rules of Court.

We hope this change will simplify service in criminal and delinquency cases from San Diego County.

Panel News Alert - June 11, 2015

This alert covers:

  • MCLE on appealability and forfeiture, June 24 in Riverside — Carmela Simoncini,
    former ADI staff attorney and current Lead Appellate Court Attorney at Division
    Two, will be giving the presentation.
  • Coming to Division One on July 1: mandatory electronic filing of writ documents — New local rule 5, applicable to Division One only and effective July 1, 2015, makes electronic filing of writ pleadings mandatory. Some exceptions apply.
  • Appellate review of rulings in trial court after appeal is filed requires new notice of appeal — Although a record of trial court proceedings after a notice of appeal is filed is to be sent to the Court of Appeal, appellate review of those proceedings requires a new notice of appeal.
  • Greenpath overcharge error under review; save documentation — Greenpath
    overcharged some panel attorneys for a “personal copy” of briefs. JCC is reviewing
    options. Meanwhile panel attorneys should retain any emails or other documentation.

Panel News Alert - May 21, 2015

Important new address information.

Effective May 21, 2015: The San Diego Office of the Attorney General changes its street address. For efficiency, ADI is hereby providing the panel with the AG’s official notice, required by rule 8.32(b).

IMPORTANT: Service continues to be electronic only, at the same email address as before: ADIEService@doj.ca.gov    

The P.O. Box address for hard copy mail and telephone, fax, etc., numbers are also the same as before.

Details of this change and other recent changes are here.

 

Panel News Alert -April 20, 2015

Panel Attorney e-service addresses to be included on appointment orders beginning May 1, 2015

ADI will add panel attorney e-service addresses to the appointment orders beginning May 1, 2015. The order is kept in the Court of Appeal’s file and is sent to all counsel and the client. It does not go on the online docket or to the superior court.

The default email address we will use is the one you have given us for electronic service from opposing counsel (Attorney General or San Diego County Counsel). For attorneys who have not given us a service email address, we will use the case offer email address. If you want us to use another address, please contact Omar Palacio, oap@adi-sandiego.com, 619-696-0284, ext. 48.

Panel News Alert -March 25, 2015

E-SERVICE TO START APRIL 1 WITH SAN DIEGO COUNTY DISTRICT ATTORNEY  

ADI and the San Diego County District Attorney’s office have agreed to start e-service between that office and the panel on April 1, 2015. Only electronic service will be accepted. The formal written agreements will be posted on our website when the signed copies are received. But the basic terms are the same as in the AG agreements.

Instead of a paper copy, send an electronic copy to DA.Appellate@sdcda.org . Be sure to note the period between DA and Appellate!

Documents are titled the same as with the AG and court. The “Subject” line of the e-mail will state the Court of Appeal Case No. and Case Name, with appropriate initials identifying the type of document e-served (i.e., “D053742, John Smith AOB”).   

The vast majority of cases will involve panel attorneys’ service on the district attorney, since only in People’s appeals does that office send service documents. ADI will provide the DA with the service address the panel attorney has given us, on a need-to-basis. Please let Omar Palacio ( oap@adi-sandiego.com ) know if you wish to use a different email address for this purpose.

Only San Diego County cases are affected by this new program.

We are continuing to work on e-service agreements with district attorneys in other counties and with all the superior courts, not to mention County Counsel in all counties besides San Diego.

Agreements posted after news alert:    District Attorney Agreement    ADI Panel Attorney Agreement

Panel News Alert - February 27, 2015

PROFESSIONAL AND EDUCATIONAL OPPORTUNITIES FOR PANEL ATTORNEYS

California Appellate Defense Counsel Annual Conference

Registration is going on now for the 2015 CADC conference, March 13-14, at the Crowne Plaza Redondo Beach and Marina. After March 1, the price for conference tuition will go up from $175 to $200 for CADC members (from $200 to $225 for non-members) and the group rate at the Crowne Plaza ($139 plus tax) will no longer be available.

The new venue is a beach resort. The two-day program includes a keynote address from Supreme Court Justice Liu and 8.5 hours of MCLE. Details are in the conference brochure .

San Diego County Bar Association Reception for Attorneys Interested in Issues Involving Families and Children

The San Diego County Bar Association is sponsoring a reception for practitioners who have a special interest in laws affecting families and children. It will be at the Bar Center, April 16, 5:30-7:00 p.m. Panel attorneys who do juvenile dependency or delinquency work may be especially interested.  The announcement is on the bar association website.



2014


Panel News Alert - November 26, 2014

This alert covers:

  • Claims — To expedite claims, do them right the first time. Our Tips memo identifies
    the “Most Common Mistakes” and offers suggestions on speeding your claims
    through the ADI Portal.
  • Court Notices — Our courts have asked us to inform the panel of these matters: (a)
    client pro per briefs submitted with a Sade C. brief; (b) Pitchess records; (c) Division
    Three Miscellaneous Order
    construing “brief” to include supplemental and letter
    briefs for purposes of rule 8.25(b)(3), on date of filing with priority mail.
  • Updated Manuals: Check Them Out — ADI’s Appellate Practice Manual and Claims
    Manual

Panel News Alert - November 18, 2014

To Fourth Appellate District Panel Attorneys
From ADI

Please see the posting on Proposition 47 under RECENT CHANGES IN THE LAW/STATUTES:

PROPOSITION 47 RESOURCES

Including:

•  15-page Practice Article, plus appendices providing the applicable text of the initiative and key statutory provisions. The article has internal, as well as external, links and a table of contents, for easier navigation.

•  Client materials – Proposition 47 Handout and fillable Petition Under Penal Code Section 1170.18

•  Other resources for counsel – ADI “Hot Line,” analyses by other projects and experts, sample briefs

Panel News Alert - October 15, 2014

This alert covers:

  • Joinders — Merely saying counsel joins issues in another party’s brief “to the extent
    they may benefit my client” is seriously improper advocacy; joinders need to be
    specific and tailored to the client.
  • Oct. 21 program on oral argument (choice of live or webcast) — A Ninth Circuit judge, a
    Court of Appeal Justice, and an experienced civil appellate practitioner will offer
    insights. Register to go to the San Diego County Bar Association or to get the
    webcast.
  • Motion practice article update is online — Anna Jauregui-Law’s article on Motion
    Practice has been updated to include important new rules and procedures for
    confidential records. (Exhibit article is also updated.)
  • Panel portal update —- Submission of claims through portal is running smoothly.
    Issues with printing are being addressed.

Panel News Alert - September 30, 2014

ADI has prepared written guidance for creating claims through the ADI panel portal:

Panel News Alert - September 24, 2014

Download PDF of the September 24, 2014 alert which covers:

  • ADI panel portal will open October 1 for submission of claims. As of that date,
    electronic claims must be submitted in this manner, rather than through eClaims.
    Paper claims will be accepted through October 10. You may register for the portal
    now.
  • Sade C. filings in Fourth District: (1) They may now be e-filed in Divisions One and
    Three. (2) All three divisions will accept them in letter form, which attorneys are
    expected to use. But the letter must have the contents prescribed by Phoenix H.
  • Division Three splits on listing unbriefed (“Anders”) issues in Wende and Sade C.
    briefs
    — ADI continues to encourage inclusion of such issues. Download ADI’s amicus curiae memo
  • Division One encourages minor’s trial counsel to appear at oral argument and provide
    updated information about the child client.
    Counsel for other parties may take
    protective steps against prejudicial information introduced in this way.

Panel News Alert - July 25, 2014

Download PDF of the July 25, 2014 alert which covers:

  • Statewide rules for claiming habeas time and expenses - time on line 11, expenses in section H. Itemization of both in line 11 comment field. These rules are not to be applied to stand-alone habeas proceedings.
  • eClaims - Attorneys are advised to get used to eClaims, rather than paper claims. Soon ADI will be launching its "panel portal," requiring online submission.
  • Fourth District order 11314 - Rule 8.47(c)(1), which prohibits publicly filed documents from citing to matters in a confidential record, does not foreclose citing matters in probation reports. ADI cautions that attorneys should still protect confidentiality when needed.
  • Answer to petition for rehearing - Division Three no longer routinely invites one.
  • People v. Gutierrez (2014) 58 Cal.4th 1354 - Penal Code section 190.5, subdivision (b), on the sentence for a special circumstance murder by a juvenile, does not create presumption of LWOP.

Panel News Alert - July 14, 2014

IMPORTANT ALERT!  eClaims Down This Weekend

To:   Fourth Appellate District Panel Attorneys

The California Appellate Project, Los Angeles, has notified us that eClaims will be down this weekend for some important maintenance. It will be unavailable from Friday, July 18, at 6:00 p.m. to Monday, July 21, at 8:00 a.m.

Elaine A. Alexander
Executive Director
Appellate Defenders, Inc.

 

TO: All Panel Attorneys
FROM: Jay Kohorn, Assistant Director, CAP-LA

This Friday evening (July 18) beginning at 6:00 p.m. eClaims will become UNAVAILABLE in order to facilitate an important maintenance operation. The program should become available again by Monday morning (July 21) at 8:00 a.m.

Maintenance of this sort is sometimes necessary to ensure the security and reliability of the program as well as the hardware on which it runs. We will let you know about an additional but short period of downtime to occur 7 to 10 days later as well.

We are sorry for any inconvenience and very much appreciate your understanding and patience.

Jay M. Kohorn, Assistant Director
California Appellate Project, Los Angeles

 

Panel News Alert - June 13, 2014

We want to alert the panel that claims processing at ADI will likely be slower than normal in the next few weeks.

Starting Monday, June 16, we will be using a new case management system. Part of it is designed to comply with the AOC’s new requirements for the transmission of claims. As might be expected with a new system with new fields and procedures, the change will entail a learning curve for our staff. In addition, for a while they must double enter claims information in order to test the system with the AOC.

We know panel attorneys would like a ballpark estimate of what time frames we are talking about, for their own planning purposes. With the stipulation that any numbers based on likely learning curves and unfamiliar computer systems are inherently guesswork, our claims processors estimate that claims may take roughly twice as long as normal during the initial period, which might last a couple of weeks or so. Then, as they become familiar with the system and gain facility in using it, the process should speed up significantly and return to normal. ADI asks for your patience during the transition.

The compensating good news is that a coming component of the system will enable us to process claims without manually copying what the panel attorney has entered. This change should speed up claims appreciably in the future and greatly reduce the problem of entry errors on our end. We hope to institute this feature as soon as the transitional phase is over. We will notify the panel when that happens.

We appreciate your understanding and patience during this period.

 

Panel News Alert - May 5, 2014

ADI is pleased to call your attention to a presentation by panel attorney Clifford Gardner, In the Shadow of Death: Persuasion in the Most Difficult Appeals. It is sponsored by the San Diego County Bar Association’s Appellate Court Committee and is scheduled for May 20, noon, at the Bar Center, 401 West A Street, Suite 120 (1st floor).

A leading advocate in death penalty appeals, Cliff will speak about writing persuasive appellate briefs, handling client and family relationships, and other difficult matters when faced with bad facts and an unsympathetic client.

In death penalty cases, especially, but in all criminal and juvenile cases, one must seize the emotional narrative of the case to win. Cliff has developed this art to a high degree and is a compelling speaker.

More information and a link for registration. To avoid a late fee, register by noon, May 15.

Panel News Alert - April 1, 2014

Fax filing replaced by e-filing in Fourth District. ADI's news alert provides some details.

Panel News Alert - March 10, 2014

The annual Defender Dinner presented by the board of directors of ADI and Federal Defenders of San Diego, Inc., will be Friday, April 11, at the Westin San Diego Hotel, 400 West Broadway, San Diego. No host cocktails will be at 5:00 p.m.; dinner starts at 6:00 p.m.

The keynote speaker will be the Honorable Irma Gonzalez, former Presiding Judge of the Southern District.

The Paul Bell Award for excellence in representation of the indigent on appeal will be presented to Rebecca Jones, an ADI panel attorney. We heartily congratulate her for this highly-deserved award. The Stan Conant Award for trial work will go to Knut Johnson.

To express our appreciation for the panel and make the dinner more affordable, ADI will contribute $30 toward the cost of the $65 dinner for members of our panel. More information and an Invitation with RSVP form are available on the Defender Dinner page of the ADI website.

We encourage you to come, enjoy the camaraderie of other defense attorneys and judges, and celebrate our profession!

Panel News Alert - February 20, 2014

Download PDF of the February 20, 2014 alert which covers:

Panel News Alert - February 5, 2014

Download PDF of the February 2014 alert which covers:

2013

Panel News Alert - December 19, 2013

Download PDF of the 12/19/13 news alert which covers:

  • Electronic service and filing are moving forward, as all three divisions of the Fourth District agree to accept electronic-only service copies of a petition for review, e-service on the AG is becoming mandatory, and the AG will soon no longer require or send paper documents.
  • To avoid delays, pay attention to details of claims.
  • Reminder of associate counsel policy.
  • Be in touch with developments in the trial court.
  • To save possible time and money, ask the staff attorney whether ADI already has a copy of the record before mailing it for a Wende or Sade C. review.
  • Dependency attorneys should be alert to the possible need for minor's counsel.

Panel News Alert - September 25, 2013

Download PDF of the 9/25/13 news alert which covers:

  • Evaluations will be sent on the request of the panel attorney only, or at ADI's discretion.
  • Website news - be on the alert for a major overhaul; many important features already updated and highlighted here.

Panel News Alert - March 4, 2013

Download PDF of the 3/4/13 news alert which covers:

  • San Diego County juvenile clerk's transcripts to be on CD in all cases as of April 1, 2013.
  • California Appellate Defense Counsel annual conference March 8-9 in San Diego.
  • Annual Defender Dinner April 5. Invitation included.
  • Getting an extension when you are unable to file a request: ask ADI, not another attorney.
  • When requesting oral argument, tell the court of unavailable dates upfront.

Panel News Alert - January 3, 2013

Download PDF of the 1/3/13 news alert which covers:

  • Client matters
    • Tax ID changes.
    • Reporting habeas time and expenses.
  • Clarification: e-submissions versus e-filings with court.
  • Proposition 36.
    • Resentencing for many clients, both present and past, with third strike life sentence and a non-serious, non-violent current offense.
    • Insist on the right to file a supplemental opening brief if the client is arguably entitled to claim the benefit of Proposition 36 and an AOB was filed before its enactment.
    • The Battle Is Joined: Estrada v. 1170.126 (PDF).
  • Petition for review granted in People v. Taylor, an unconstitutionality of applying residency requirements of Jessica's Law across the board in San Diego County as a condition of parole for registered sex offenders.

Back to Top

 

2012

Panel News Alert - October 17, 2012

To:  Fourth Appellate District Panel Attorneys
From:  Elaine Alexander
Re:  Clerk’s Transcripts for San Diego County Delinquency Cases Soon To be on CD
San Diego County Juvenile Court will soon begin a pilot program to provide clerk's transcripts in delinquency cases on CD. It will save considerable copying and delivery costs and result in far easier storage. We do not yet have a precise date on which the juvenile court will begin preparing clerk's transcripts on CD. 

The transcripts will be in searchable PDF format and have the same contents and form as paper ones, such as the required indexes, cover information, spacing and margins, etc. (See rule 8.144.)

This program applies only to San Diego County delinquency clerk's transcripts at the present. (We do have a pilot program with San Diego dependency cases already going.) Other counties, however, have expressed interest. We are not ready to experiment with reporter's transcripts because, unlike clerks, reporters own their equipment and some of it is antiquated.  Attorneys can request a reporter's transcript on CD if it is not yet prepared (Cal. Rules of Court, rule 8.130(f)(4)), but should first verify with the reporter the transcript will be in a usable form.

Although attorneys may certainly reject a San Diego delinquency case offer if they do not want a clerk's transcript on CD, we urge attorneys to maintain an open mind and accept these cases. Computerization of all records is an inevitability in the future, because of the cost savings and efficiencies. This is a good opportunity to experiment with the electronic format in relatively short-record cases and gain confidence and skill in using it. Staff attorney Lynelle Hee is available for technical assistance.

When a case is over, the attorney may send the CD to the client – or keep the clerk's transcript in electronic form on behalf of the client (attorneys have no duty to send files to clients in the absence of a request, and storage costs are not an issue with electronic records). Attorneys who have received a CD will be reimbursed for sending a paper copy to the client only if the client has requested it in that form. Many clients and institutions have access to a computer; we strongly encourage attorneys to ascertain such matters and arrange with clients for disposition of the record, at the early stages of any case.  (See ADI Manual, § 1.63.)

Back to Top

 

Panel News Alert - October 12, 2012

Download PDF of the 10/12/12 news alert which covers:

  • Protections for juvenile offenders:
    (a) Release from penalties and disabilities, including a sex offender registration requirement, may be available to defendants who are given an honorable discharge from the Division of Juvenile Justice.
    (b) SB 9 gives an opportunity to petition for recall of the sentence to defendants who received an LWOP sentence for an offense committed when they were minors.
  • New rules that became effective this year:
    (a) Counsel may file a supplemental brief in the Court of Appeal, citing but not arguing new authority that became available only after briefing was complete.
    (b) In juvenile appeals, the first name and last initial or initials of relatives are to be used if full name would compromise the anonymity of the minor.
  • Good appellate practice:
    (a) Routinely filing petitions for review prematurely is not an appropriate practice.
    (b) Panel attorney should be in touch with the ADI staff attorney and the court if the deadline for the opening brief under a default notice is near and inform us and the court if a mailed brief will arrive after the default notice deadline.

Back to Top

 

Panel News Alert - August 30, 2012

Download PDF of the 9/30/12 news alert which covers:

  • Court now requires electronic copies of briefs; ADI will act if it is not shown on proof of service.
  • Bryan Garner seminar: sign up quickly
  • People v. Caballero: Lengthy, but non-LWOP, sentence that has effect of confining defendant for life, with no meaningful opportunity to obtain release during natural life expectancy of the defendant, is cruel and unusual punishment when imposed for crime committed by juvenile.
  • Pre-sentence credits saga continues: Lara holds priors used to make defendant ineligible for enhanced credits need not be pled and proven, and Penal Code section 1385 does not authorize striking or disregarding priors to make defendants eligible; Olague, on credit for time served after October 1, 2011, for defendants who committed their crimes before then, is granted review, with briefing deferred pending finality of Brown.
  • People v. Bailey: Appellate court lacks authority to reduce conviction of completed escape, a general intent crime, to attempted escape, a specific intent crime.

Back to Top

 

Panel News Alert - July 12, 2012

Download PDF of the 7/12/12 news alert which covers:

  • Requesting reporter's transcripts on CD.
  • Miller v. Alabama, cruel and unusual punishment for mandatory juvenile LWOP.
  • People v. Brown, pretrial conduct credits under amendments to Penal Code section 4019.
  • People v. Jones and People v. Correa, reinterpreting Penal Code section 654.

Back to Top

 

Panel News Alert - May 25, 2012

Download PDF of the 2/25/2012 news alert which covers:

Back to Top

 

Panel News Alert - May 11, 2012

Certain Documents Now May Be E-Filed in Divisions One and Two

Divisions 1 and 2 are taking steps toward e-filing. Click here for the news release that became effective May 1 (PDF).

The two divisions will accept the following documents by e-filing:

  • Abandonments
  • Stipulation for Extension of Time (Civil) - up to 60 days (not applicable to ADI cases)
  • Change of Address
  • Certificate of Interested Persons of Entities (not applicable to ADI cases)
  • Copies of Designations  (not applicable to ADI cases)
  • Omissions Letters from Superior Court
  • Request for Oral Argument
  • Requests for Dismissal with No Briefs Filed
  • Service Copies of Supreme Court Documents
  • Substitution/Association of Counsel  (not applicable to ADI cases)

The plan is to expand this list over time. More details are on the court website at http://www.courts.ca.gov/9408.htm

Back to Top

 

Panel News Alert - April 27, 2012

Click here to download PDF of the 4/27/12 news alert which covers:

  • State Bar MCLE compliance audits will be increasing drastically.
  • MCLE program on appellate standards of review: Thursday, May 3, at noon, San Diego County Bar Association.
  • Invitation to comment on rule ammendments issued: one affects panel attorneys, by requiring attorney email addresses on document covers; others affect our cases.
  • E-service of criminal briefs on ADI required; served briefs must be single PDF document.
    • Reminders from staff attorneys:
      Claim comments should not refer to "adverse consequences" or anything else that might be harmful to clients.
    • We encourage inquiries from panel attorneys about their cases...but ask them to do their homework first.

Back to Top

 

Panel News Alert - April 10, 2012

Click here to download PDF of the 4/10/12 news alert which covers:

  • Reminder re use of associate counsel at oral argument: get preapproval from court and ADI whenever possible; notify court and ADI if not possible.
  • Reminder from staff attorneys re quality of drafts in assisted cases: panel attorneys should edit draft briefs carefully and put them into final form as much as possible before submitting them to the staff attorney.
  • Save the date for the Paul Bell Fellowship all-panel program! Bryan Garner seminar on The Winning Brief, 9:00 a.m.- 4:00 p.m. on Saturday, September 22, 2012, at the Bahia Hotel in San Diego.
  • Legal developments and accompanying potential ex post facto problems: (1) increase in minimum restitution fines (PDF); (2) amendment to Welfare and Institutions Code section 731 to neutralize In re C.H. (2011) 53 Cal.4th 94.
  • E-service: ADI is now registered on GreenPath's AttorneyXpress.

Back to Top

 

Panel News Alert - February 8, 2012

Click here to download PDF of the 2/8/12 news alert which covers:

  • Mandatory e-service of briefs on ADI is almost here; wait for notification.
  • Recycled parts of petition for review must be specified.
  • New California Supreme Court decisions: Maultsby on certificates of probable cause, Nelson on juveniles’ invocation of the right to counsel or silence during an interrogation, Mil on omission of elements of crime in jury instructions, Johnson on the test for competence of a mentally ill person to represent himself or herself at trial.

Back to Top

 

2011

Panel News Alert - December 30, 2011

Click here to download PDF of the 12/30/11 news alert which covers:

Back to Top

 

Panel News Alert - November 18, 2011

Click here to download PDF of the 11/18/11 news alert which covers:

Back to Top

 

Panel News Alert - October 14, 2011

Click here to download PDF of the 10/14/11 news alert which covers:

  • Division One phone numbers changed (PDF);
  • Riverside district attorney’s change of address;
  • Reminder to take account of Penal Code section 1538.5, subdivision (m)'s
    requirement of making or renewing a suppression motion in the superior court;
  • Passings: We note sadly the deaths of the Honorable David Sills (PDF), former presiding justice of Division Three, and the first ADI staff attorney, Harold Tyvoll.

Back to Top

 

Panel News Alert - March 30, 2011

Click here to download PDF of the 3/30/11 news alert which covers:

  • Deadline for annual dinner registration coming up this Friday.
  • Clarification of Division Three e-filing request: service on opposing counsel should be by hard copy unless you are part of e-service pilot project.
  • Fifth District holds Chelsea's Law ameliorative change to Penal Code section 666 retroactive.

Back to Top

 

Panel News Alert - March 22, 2011

Click here to download PDF of the 3/22/11 news alert which covers:

  • Concern about frequency of supplemental briefs, especially those filed at late stage of the process, raising issues that should have been raised in the opening brief;
  • Need to ensure Court of Appeal has necessary record for Pitchess or other issue involving in-camera hearing;
  • Division Three requesting all parties to provide electronic briefs (PDF);
    • Developing law updates:
      Sex offender registration requirement: review granted in third Division Three case dealing with the right to a jury trial on the factual findings necessary to impose registration
    • Custody credits under Penal Code sections 2933 and 4019 - summary of issues; sample briefing sought;
  • Dependency Quick Guide ("Dog Book") almost ready for distribution

Back to Top

 

Panel News Alert - February 4, 2011

Click here to download PDF of the 2/4/11 news alert which covers:

Back to Top

 

Panel News Alert - January 14, 2011

Click here to download PDF of the 1/14/11 news alert which covers:

  • Reminders from the court on augmentations and motions to settle the record.
  • Potentially favorable changes in the law (PDF) on which attorneys must act if applicable to their case and beneficial to their client -- Blakely-Apprendi and sex offender registration for adults and juveniles, cruel and unusual punishment of juveniles, grand theft and marijuana possession, and pre-sentence credits.
  • Rules changes - word count exclusions (PDF) and copies of motions.
  • Events of interest to panel attorneys - seminar on client relations (PDF) and annual Defender Dinner.

Back to Top

 

2010

Panel News Alert - August 24, 2010

Click here to download PDF of the 9/24/10 news alert which covers:

Back to Top

 

Dependency Panel News Alert - August 23, 2010

Click here to read a memo for dependency panel attorneys covering points of recurring concern to ADI and the courts (PDF).

Back to Top

 

Panel News Alert - June 22, 2010

Click here to download PDF of the 6/22/10 news alert which covers:

  • Developments in the recent Penal Code section 4019 amendment: Supreme Court will decide retroactivity and Legislature moves to repeal new credits.
  • San Diego County juvenile court representation: the Dependency Legal Group of San Diego chosen to take over from Public Defender and Alternate Public Defender.
  • Supplemental briefs and errata letters: Fourth District divisions split on whether to file separate supplemental or new combined brief; Division Two wants a new, corrected brief and not just an errata letter.
  • Division Two procedures re: screening dependency transcripts for proper notification that notice of appeal was filed, correction of omissions from normal record, and motion for judicial notice.
  • Rule changes effective July 1 (PDF): expansion of prison delivery rule to all documents and revision and renumbering of juvenile appellate rules.
  • Noted here but not below: Juvenile Defenders in Orange County has a new address – 1 City Boulevard West, Suite 800, Orange, CA 92868-3601.
  • Cunningham: depublication of case finding it retroactive to Apprendi.
  • U.S. Supreme Court decision in Graham v. Florida: possible Eighth Amendment issue for very long non-life sentences for crimes committed by juvenile.

Back to Top

 

Panel News Alert - May 7, 2010

Click here to download PDF of the 5/7/10 news alert which covers:

  • Reminders from the Court
  • Amendment to Penal Code section 4019
  • People v. Nguyen and Juvenile Priors: Time To Move Elsewhere

Back to Top

 

Panel News Alert - February 26, 2010

Click here to download PDF of the 2/26/10 news alert which covers:

  • SBx3 18's modifications to Penal Code section 4019: Cooperation or litigation? Retroactive and if so to when?
  • McKee and the SVPA
  • In re Watson and the retroactivity of Cunningham

Articles accompanying this alert:

Back to Top

 

Panel News Alert - February 2, 2010

Click here to download PDF of the 2/2/10 news alert which covers the recent amendment to Penal Code section 4019 enacted by Senate Bill No. 18, section 50, Third Extraordinary Session of 2009-2010, which became effective January 25, 2010. Documents referenced in the news alert are here:

Back to Top

 

Panel News Alert - January 12, 2010

Click here to download PDF of the 1/12/10 news alert which covers:

Back to Top

 

2009

Panel News Alert - December 8, 2009

Click here to download PDF of the 12/8/09 news alert which covers:

  • Annual Defender Dinner - Friday, April 9, 2010
  • Telephonic Oral Argument in Division One
  • Supreme Court to Close Los Angeles Clerk's Office (PDF)
  • Paul Bell Memorial Fellowship
  • After Nguyen: Keeping the Issue Alive
  • Sign Up for Automatic E-Mail Notification of Developments in Your Cases and Track Your Cases Online
  • ADI Website
  • Sample Petition for a writ of certiorari filed in Baltazar v. California (United States Supreme Court No. 09-8416) (MS Word) (PDF)

Back to Top

 

Panel News Alert - October 22, 2009

Click here to download PDF of the 10/22/09 news alert which covers:

  • E-mail documents in Division One; e-mail service in all divisions
  • Division Two miscellaneous orders
  • Division Three oral argument
  • Note to clients of work not covered by malpractice insurance
  • Taping over staples used to bind briefs
  • CDCR form for requesting confidential client phone call in prison
  • Wende briefs must show client's current address, or else counsel must separately inform the court of the address

Back to Top

 

Panel News Alert - August 28, 2009

Click here to download PDF of the 8/28/09 news alert which covers:

Back to Top

 

Panel News Alert - August 26, 2009

The Administrative Office of the Courts has asked that we forward this message regarding payment of claims: 

IMPORTANT CAC INFORMATION -
This e-mail is to update you on the information that the Administrative Office of the Courts (AOC) received today from the California State Controller’s Office (SCO) regarding payments to court-appointed counsel (CAC) for the non-capital and capital compensation claims. 
As you are aware, the California State Controller’s Office announced in its August 13 press release that it will

stop issuing IOUs (registered warrants) on September 4.  Today, the Administrative Office of the Courts was informed by SCO that the court-appointed counsel claims transmitted from the AOC on August 26 to SCO for payment will be the last CAC claims paid by IOUs for the Court-Appointed Counsel Program.  Additionally, we were informed that the direct deposit program will be resumed on September 4. 

In order for the AOC to switch its compensation system back to the two payment methods (regular warrant or direct deposit), the AOC must shut down the system for several days for modification and testing.  However, the AOC will continue to receive the daily claims submitted by the projects from August 27 through September 1 and will transmit these claims to SCO on September 2.  This will allow time for both the AOC and the SCO to make their system changes. 

The payment method you had been using (regular warrant or direct deposit) prior to the issuance of IOUs will be resumed effective Friday, September 4.  All direct deposit payments will be deposited into the banking information that you had in place prior to suspension of the direct deposit program.  It is important to note that Monday, September 7, is a legal holiday and direct deposits are not processed on holidays.

Thank you for your continued work on behalf of indigent appellants in California.

- Administrative Office of the Courts

Back to Top

 

Panel News Alert - June 2009

Click here to download PDF of the 6/2009 news alert which covers:

Back to Top

 

Panel News Alert - February 2009

Click here to download PDF of Executive Director's News Alert for February. In it, the following documents are referenced:

Other topics in the News Alert include:

  • ADI reminders: Checking for credits issues and putting case number in title of e-mails

Back to Top

 

2008

Panel News Alert - November 2008

Click here to download PDF of the November 2008 news alert which covers:

  • Issue to be preserved in pending appeals: sex offender registration requirement with concomitant residency restrictions is subject to Apprendi, ex post facto, and notice provisions
  • 2008 Paul Bell Fellowship recipients: Niccol Kording and Liana Serobian
  • Juvenile law changes held not retroactive
  • Division Two – envelopes needed with mailed extension requests
  • Division Three – waiving reply brief and oral argument and agreeing to immediate issuance of opinion when Attorney General concedes appeal
  • Briefs must state sentence imposed
  • Compensation claims: put only client and trial counsel communication on line 1; family and other communication on line 23

Back to Top

 

Panel News Alert - September 2008

Click here to download PDF of the 9/2008 news alert which covers:

On September 17, ADI will be hosting its monthly MCLE Criminal Law discussion series. Go to the Calendar of Events page for more information.

Back to Top

 

Panel News Alert - August 2008

Click here to download PDF of the 8/2008 news alert which covers:

  • AOC has depleted 2007-2008 funds for compensation claims
  • Update on procedures for viewing exhibits ( click here for accompanying PDF article)
  • Complete record before asking staff attorney to review it for issues
  • File reply briefs routinely
  • Use heavy tape on stapled briefs
  • Division Two matters

Back to Top

 

Panel News Alert - May 2008

Click here to download PDF of the 5/2008 news alert discussing the continuing problem of incomplete records in dependency appeals, attorneys' duties in completing the record, and the current difficulty of obtaining certain transcripts from the San Diego County Juvenile Court.

Click here for a PDF sample petition for review challenging the denial of a record with continuance hearings.

Back to Top

 

Panel News Alert - April 2008 (2)

Click here to download 4/2008 PDF of theExecutive Director's news alert addressing the following topics:

Back to Top

 

Panel News Alert - April 2008

Back to Top

 

Panel News Alert - January 2008

Click here to download PDF of the 1/2008 Executive Director's news alert addressing the following topics:

  • Augmentation Requests
  • Faxed extension requests
  • Time and record completion problems
  • Scheduling of oral argument in Division Two
  • Associate Counsel
  • Sealing juvenile records
  • New rules in the new year

Back to Top

 

2007

Panel News Alert - December 2007

Following are four pdf documents relating to Cunningham v. California:

"The Life and Times of the California Determinate Sentencing System: Cunningham and Family" (PDF):  This paper provides a kind of “primer” on the basic cases and issues involved.  The first reviews the odyssey that began almost 10 years ago, gained serious momentum in Apprendi and Blakely, and moved directly into California in Cunningham, only to be rendered virtually toothless by the California Supreme Court in Black II and Sandoval.  The second part surveys issues that are left after the California Supreme Court decisions.  The appendix is an compilation, or “family tree,” of the cases, from ancestors of Cunningham, to its near kin, to California Supreme Court decisions and review-granted cases, and finally to Court of Appeal cases.

"Single Valid Factor Test:  A Critique" (PDF):  This document analyzes critically one of the most important holdings of Black II, the doctrine of the single valid factor, which provides that the existence of one Blakely-compliant factor in aggravation is sufficient to satisfy that case, even though the judge relied on numerous invalid factors, as well, and likely (or certainly) would not (or could not) have imposed the upper term without those invalid factors.  The analysis argues that this doctrine postulates a Determinate Sentencing Law that never was and that it is internally incoherent.

"Due Process / Ex Post Facto Issues in Sandoval Remedy" (PDF):  This document outlines the due process / ex post facto ramifications of retroactively applying revised sentencing rules less favorable to the defendant than the ones in existence at the time of the criminal act.  It reviews the various ways the Sandoval reformation makes the law less favorable within the meaning of ex post facto law and criticizes the California Supreme Court’s efforts to avoid the ex post facto objections.  It sets forth the correct test and demonstrates that the Supreme Court has revised a statute in a way that, if done by the Legislature itself, would have been unconstitutional.

"In re Gomez – Letter of Amicus Curiae Appellate Defenders, Inc., in Support of Petition for Review; Alternatively, Request for Depublication" (PDF):  The last attachment is the ADI amicus curiae letter supporting the petition for review in In re Gomez, a case in which the Court of Appeal had denied a habeas corpus petition raising Cunningham on the ground that decision was "new law" and could not be applied retroactively to cases final before the date of its issuance.  The California Supreme Court has granted review in the case, S155425, now in the reply brief stage.  ADI plans to file an amicus brief, which will be posted on the website when filed.

We hope these materials will be a helpful reference tool and a foundation for future briefing.

Back to Top

 

Panel News Alert - Fall 2007

Click here to download PDF of the Fall 2007 news alert which covers:

Back to Top

 

Panel News Alert - Late Summer 2007

Click here to download PDF of the Late Summer Panel News Alert which includes information on recruitment of new panel attorneys, ordering a hard copy of the Appellate Practice Manual, and an update on having associate counsel appearing at oral argument.

Back to Top

 

Panel News Alert - August 2007

The memorandum linked below discusses the recent California Supreme Court cases in People v. Black (2007) 41 Cal.4th 799 and People v. Sandoval (2007) 41 Cal.4th 825, applying Blakely-Cunningham to the California DSL.  It analyzes issues raised by them and suggests procedures to follow in pending and future cases. As questions arise in your own cases, please consult the assigned staff attorney for specific guidance.

Blakely-Cunningham after Black II-Sandoval (Word Perfect)
Blakely-Cunningham after Black II-Sandoval (PDF)

Back to Top

 

Panel News Alert - April 2007

The April News Alert includes information about the e-claims system, change in mileage rate, dependency motions in Division One, updated Appellate Practice Manual Manual, augmentation, and procedures in cases with no arguable issues. Click here to read the April 2007 PDF News Alert.

Click here to read letter from court regarding implementation of Conservatorship of Ben C (PDF).

Click here to read memo from Executive Director Elaine Alexander regarding new developments in procedures in cases with no arguable issues (PDF).

Back to Top

 

Panel News Alert - February 2007

In Cunningham v. California (Jan. 22, 2007, No. 05-6551) 549 U.S.___ [2007 U.S. Lexis 1324], the United States Supreme Court struck down the part of the California sentencing system that permits imposition of the upper term on the basis of facts, other than a prior conviction, not found by a jury beyond a reasonable doubt or admitted by the defendant. For a memo from ADI Executive Director Elaine Alexander regarding the impact of this decision, click here (PDF).

Click here to see Misc. Order No. 020207 issued by the Fourth Appellate District Court of Appeal regarding this case (PDF). It applies to all three divisions of the Fourth Appellate District.

The basic matters covered are:

  • For post-AOB cases, a supplemental brief based on Cunningham may be filed without asking leave to file.  It must be titled "Supplemental Brief filed pursuant to Cunningham v. California (Jan. 22, 2007), No. 05-6551) ___ U.S. ___."  The order provides a schedule for filing a response and a reply, depending on the stage of the case.
  • For cases already submitted, the submission will be vacated for purposes of the supplemental briefing.
  • Counsel must be prepared to discuss the decision at oral argument.  If it is set before Feb. 23 and court requests supplemental briefing on Cunningham at the argument, counsel may submit it within two weeks.

Back to Top

 

2006

Panel News Alert - Summer 2006

Click here to download PDF and read the Executive Director's News Alert addressing the following topics:

  • Name of individual client required on cover of multi-party proceeding
  • Certificate of interested parties inapplicable to criminal and juvenile appeals
  • Division Two notices
  • Extension requests in Division One dependency appeals to include waiver of corresponding rule 17 time
  • Request to correct record in fast-track dependency cases to be submitted to Court of Appeal, not juvenile court clerk
  • Fax Filing
  • Rules of Court renumbered

Back to Top

 

Panel News Alert - March 2006

Click here to download PDF and read the Executive Director's News Alert addressing the following topics:

  • Grant of Certiorari in Cunningham v. California
  • New Voluntary Fax Filing Pilot Program in Division One
  • Direct Deposit Option
  • Special Panel Rate for Lexis Users
  • Blakely After Black
  • New Rule Changes & Revised Council Froms - July 2005
  • California Supreme Court Ruling
  • Court Permission Required to Appear for Attorney of Record

Back to Top

 

2005

Panel News Alert - September, 2005

Click here to download PDF and read the Executive Director's News Alert addressing the following topics:

  • Special Panel Rate for Lexis Users
  • Blakely After Black
  • Division Three Mail Filings
  • Addressing briefs to trial counsel or the superior court judge by name
  • Sade C. briefs in Division One - seeking time for a client who wants to file a pro per brief
  • New Rule Changes & Revised Judicial Council Forms - July 2005
  • California Supreme Court Ruling
  • Supeme Court Expands Web Site Information in Pending Cases
  • Court Permssion Required to Appear for Attorney of Record
  • Extension of Time Requests
  • Updating boilerplate and forms to include current rule references
  • Assistance from Innocence Projects on Cases Potentially Involving a Factual Innocence Investigation

 

Back to Top

 

Newsletters from prior to 2005

*The material found on this Web site is for informational purposes only. It should not be considered to be legal advice and is not guaranteed to be complete or up to date. Use of this Web site is not intended to create, and receipt of it does not constitute, an attorney-client relationship between the user and Appellate Defenders, Inc. (ADI) or any of the firm's attorneys. Readers should not rely upon or act upon this information without seeking professional counsel. See full disclaimer.