Practice articles
See also Juvenile Delinquency Articles and Juvenile Dependency Articles.
Note: Non-ADI articles are posted with source's permission
Select articles below are available only on the SharePoint confidential website. Access to the confidential website is contingent on an active membership with one of the project panels through the Court-Appointed Counsel Program. If you have not created a login, please contact the SharePoint Registration Team.
ADVOCACY: SELECTING AND PERSUASIVELY ARGUING ISSUES
- Vigorous Advocacy for Each Client on Appeal: An Essential – Not Just a Nice Touch (PDF) - June 2001, alert, pp. 2-3
- Taking advantage of changes in the law and retroactivity - November 2019 revision
- Going in Style
- Proposition 47 practice article
- Marginal Issues - Background - April 2008 news alert; To Brief or Not to Brief - January 2023 edition: Article available on SharePoint site
- Sufficiency of the evidence and the burden of proof at trial - May 2012 memo
- Standards of Prejudice - March 2002 alert, pp. 6-8
- Some Tips for Arguing Watson Prejudice More Persuasively - February 2010 alert
- Reply briefs - October 2001 alert, pp. 1-3
- Straight from the Mouthpiece: Oral Argument - Some Inside Tips - February 2001 alert, pp. 8-10
- Petitions for rehearing - what, how, and when to file - February 2001 alert, pp. 1-3
- Petitions for Review in the California Supreme Court - October 2002 alert, pp. 1-4
APPELLATE PRACTICE
General
- Appealability of denial of resentencing - Jeremy Price, staff attorney, First District Appellate Project, article dated May 2015
- Confidential records
- Going in Style
- Legal Lingo - ADI web page
- Priority on Appeal - February 2013 memo
- Raising Fees Fines on Appeal Under PC 1237.2 - Jonathan Soglin, Executive Director, First District Appellate Project, December 2015 memo (use filter feature located at top)
- Researching the history of rules online - January 2016 memo
- Rules on publication status of review-granted opinion - October 2015. Comment to Supreme Court on proposed rule; New rule provisions and stare decisis effect - June 2016 alert, pp. 1-3; Retroactivity of these rules - August 2016 alert, pp. 2-5; Supreme Court Administrative Order 2021-04-21 modifies rule 8.1115(e) in two respects
- Signatures on Electronically Filed Documents
- Standards of Prejudice - March 2002 alert, pp. 6-8
- Sufficiency of the evidence and the burden of proof at trial - May 2012 memo
- Taking advantage of changes in the law and retroactivity - November 2019 revision
- The rules about rules: the legal status of rules of court - December 2001 memo
- To What Extent May the Attorney General Raise Issues In a Defendant's Appeal, Pursuant to Penal Code Section 1252? - January 1996 alert, pp. 2-3
Nuts and Bolts of Panel Practice
- See ADI website pages on Fourth Appellate District practice
- Practice in the California Supreme Court
- Disagreements with Staff Attorneys About Legal Judgments - June 2001 alert, pp. 3-4
- De-mystifying the Exhibit Review Process in Criminal Cases - May 2023 edition: Article available on SharePoint site
- Guide to Motion Practice - January 2023 edition: Article available on SharePoint site
- Redaction and Metadata - July 2022
- Demystifying Record Completion in Penal Code Section 1170.95 Appeals - May 2022 edition: Article available on SharePoint site
- Reversal and Remand: Appellate Counsel's Duties - May 2020
APPRENDI AND FAMILY
- The Life and Times of the California Determinate Sentencing System: Cunningham and Family - December 2007 memo
- Single Valid Factor Test: A Critique (PDF) - December 2007 memo
- Due Process/Ex Post Facto Issues in Sandoval Remedy - December 2007 memo
BRIEFBANKS
- CACJ (membership required)
- CCAP briefbank
- CADC briefbank (membership required)
- CPDA (membership required)
- OSPD SharePoint (membership required)
CIVIL COMMITMENTS
CRIMINAL PROCEDURE
- New Law Redefines Peremptory Challenge Procedures (AB 3070) To Eradicate Implicit Bias - June 2021 Memo
ETHICAL ISSUES
- Multiple ethics articles and other resources are offered on ADI's web pages on ethics and various ethical topics
FEDERALIZING AND EXHAUSTING STATE REMEDIES
- "Exhaustion" Petitions For Review Under Rule 8.508 - J. Bradley O'Connell, FDAP Assistant Director. Memo, revised 2011.
- Exhausting State Remedies (PDF) - January 2023 edition: Article available on SharePoint site
- ADI Appellate Practice Manual, chapter 9, "The Courthouse Across the Street: Federal Habeas Corpus"
HABEAS CORPUS
- ADI Appellate Practice Manual, chapter 8 ("Putting on the Writs: California Extraordinary Remedies") and chapter 9, ("The Courthouse Across the Street: Federal Habeas Corpus")
INEFFECTIVE ASSISTANCE OF COUNSEL
- Ineffective Assistance of Counsel Issues - July 2004 alert, pp. 2-3
- Raising IAC Claims, Or: Trial Counsel Is Your Friend - August 1999 alert, pp. 7-12
- Working with Trial Counsel - July 2020 memo
- Ethics topics: resources on duty of trial counsel to cooperate
JUVENILE LAW
OFFENSES
- Proposition 47 practice article
- Homicide by George Schraer - 2012 memo, revised 2017
- Accomplice Liability for Murder (SB 1437) by Judge Richard Couzens (June 2020)
- Three Strikes cases by Gary Mandinach, staff attorney, California Appellate Project, Los Angeles - updated 2016
- Amendment to Penal Code section 666 - 2010 memo
OTHER PROJECTS' ARTICLES
- CCAP articles
- FDAP articles
- SDAP articles
- Appellate College (2000) materials
SENTENCING
- LWOP and sentences amounting to LWOP in youth cases: cruel and unusual punishment - March 2023 memo
- Proposition 47 practice article - November 2014
- Understanding Cruz/Vargas Release Provisions - October 2002 alert, pp. 11-13
- Pen. Code, § 29180 and the Prohibited Persons Relinquishment Form by Garrick Byers - February 2018
- Fines Chart (CCAP)