|
2024 Appellate Practice Seminar
Navigating the New Horizons in Defense Law
Saturday, October 5th, 2024
Online Via Zoom
Approved for 5.25 participatory hours from the LIVE Webinar + 3.0 participatory hours from the On Demand Webinars
by the State Bar of
California, and is limited to those active in criminal defense. Credits include General, Specialization, and 2.0 Elimination of Bias hours.
Welcome to our annual Appellate Practice Seminar for defense attorneys, taking place virtually this October 5th. This year's theme is "Navigating the New Horizons in Defense Law," where we will explore the latest developments and critical issues in appellate practice. Our esteemed speakers will provide insights into recent cases, legislative changes, and pressing legal topics that shape the defense landscape.
Don't miss out on this opportunity to enhance your appellate practice skills and stay informed about the latest developments in defense law. Register now to secure your spot at this must-attend virtual seminar.
We look forward to seeing you virtually in October for a series of sessions that promise to be both educational and inspiring.
Session Summaries
Join us for an enlightening and thought-provoking series of sessions designed to equip you with the knowledge and strategies needed to excel in appellate practice. Here is an overview of the sessions:
Session 1- This Year’s Cases
Speaker: Al Menaster
1.25hr Participatory General, Appellate Specialization, and Criminal Law Specialization - Trial Advocacy & Criminal Law Specialization - Substantive LawDive into the most significant appellate cases of the year with Al Menaster. This session will cover the latest rulings and their implications for defense attorneys. Al will break down complex legal decisions, highlighting key takeaways and strategic considerations for your practice, in the way only Al can. Stay ahead of the curve by understanding how these cases can impact your clients and your approach to defense. Session 2- Implied Malice and Watson Murder
Speaker: George Schraer
1.0hr Participatory General, Appellate Specialization, and Criminal Law Specialization - Trial Advocacy & Criminal Law Specialization - Substantive LawSince 1850 the statutory definition of implied malice says it is present when the circumstances of the killing show "an abandoned and malignant heart." For more than 100 years California courts did not question the meaning of these words. But starting in the 1950s the California Supreme Court started trying to explain what these words mean and how to instruct a jury concerning the facts the jury needed to find in order to basea murder on implied malice. The latest explanation occurred in 2023 Supreme Court opinion. But as the presenter will explain, the court did not go far enough. In this seminar the presenter -- in what pundits agree will be an hour of fun and illumination for the whole family -- will trace the winding and tortured past of implied malice through Supreme Court cases discussing the point, explain what implied malice really means and requires, and will discuss why every defendant convicted of second degree murder based on implied malice might well be entitled to a new trial. Session 3- Youth and 1437 and Resentencing Reforms
Speaker: Mi Kim
1.0hr Participatory General, Appellate Specialization, and
Criminal Law Specialization - Substantive & Criminal Law Specialization - Trial AdvocacyMi Kim will lead a session on the evolving landscape of youth sentencing and the implications of California Senate Bill 1437. This session will examine how the bill affects resentencing, particularly for youthful offenders. Mi will offer insights into the legal strategies for advocating on behalf of young clients, emphasizing the importance of understanding developmental science and its role in the justice system. Session
4-
Chiu
Issues: Navigating Complexities
Speaker: Bess Stiffelman
1.0hr Participatory General, Appellate Specialization, and Criminal Law Specialization - Writs And Appeals & Criminal Law Specialization -Trial Advocacy & Criminal Law Specialization - SubstantiveJoin Bess Stiffelman as she explores the intricate issues surrounding People v. Chiu. Bess will cover alternative instructional errors that arise in homicide cases, including when a first degree murder conviction was permitted on a natural and probable consequences theory; when attempted murder counts relied on an improper “kill zone” theory; where second degree felony murder was permitted; and where a murder conspiracy conviction could have been found under an implied malice theory. Session 5- Navigating the New Terrain: Recent Supreme Court Changes to Crawford Applications
Speaker: Chuck Sevilla
1.0hr Participatory General, Appellate Specialization, and
Criminal Law Specialization - Trial Advocacy & Criminal Law Specialization - Evidence & Criminal Law Specialization - SubstantiveJoin us for an insightful presentation by Chuck Sevilla, a renowned expert in constitutional law and criminal defense. This session will provide an in-depth update on the recent Supreme Court ruling in
Smith v. Arizona
(2024), which has significant implications for the application of the Sixth Amendment's confrontation clause.
In this landmark decision, the Supreme Court reinforced the principles set out in
Crawford v. Washington
, emphasizing the defendant’s right to cross-examine witnesses whose statements are used as evidence. The ruling specifically addressed the admissibility of statements from absent lab analysts used by expert witnesses, underscoring that such evidence must comply with the confrontation clause requirements.
Registration Information
Be sure you are logged in to your CACJ Membership account to receive the correct pricing.
Seminar Tuition
Members $175 $165 Early Bird | Non-Members $195
$185 Early Bird
Law Students: $50*
*Law Students receive 1year CACJ membership with tuition.
Discounts
Early Bird
Early Bird discount will automatically apply to all registrations prior to 9/15/2024.
Group Discounts
Groups of five (5) or more from the same office or organization who register as a group are eligible for a 15% discount.
You can request the Group Discount code, or a group billing invoice,
email seminars@cacj.org and include attendee names, SBN, and email addresses.
OSPD
The Office of State Public Defender may provide financial assistance to those in need. The application can be found here.
Life and Patron Member FREE Tuition
If you are a Life Member or Patron Member and wish to register for this seminar by using your FREE tuition,
please enter in the code APPELLATELIFE or APPELLATEPATRON at registration,
or email seminars@cacj.org for assistance.
Meet your Speakers
Mi Kim
Mi Kim is a staff attorney for the Sixth District Appellate Program. Mi graduated from University of Miami School of Law in 2003. After working for private firms and government agencies, she worked as a solo criminal defense
practitioner and served as a member of ADI, CAP-LA, CCAP, FDAP, and SDAP panels. Her published decisions include People v. Codinha (2023) 92 Cal.App.5th 976. Most recently, Mi obtained a reversal of multiple sex offense
convictions in People v. Dominguez (May 8, 2024, G062521) (violation of Code of Civil Procedure section 231.7), and she has a case pending before the California Supreme Court in People v. Dain (S283924). She is a co-chair
of the Pacific Juvenile Defender Center’s Amicus and Litigation Committee.
George Schraer
George Schraer is more than just another pretty face. He also has very nice ankles and received a BA degree in History from U.C. Berkeley, a JD degree from UCLA, and an MA degree in Humanities from San Francisco State. He is almost fluent in English despite the impediment of, like ya know, having spent almost his entire life in California. His first appointed appeal, People v. Mayberry (1975) 15 Cal.3d 143, resulted in a unanimous favorable decision establishing the defense of mistake of fact as to consent. His appellate career has been on a downward spiral since then. He has been counsel of record in more than 600 criminal appeals, including 14 in the California Supreme Court, and has been the author or co-author of ten amicus briefs in the California Supreme Court and three in the United States Supreme Court. He has been counsel of record in more than 60 published Court of Appeal cases, some good, most not so good. There is nothing about him that reincarnation won’t cure.
Bess Stiffelman
Bess
Stiffelman is a trial and post-conviction attorney based out of Los
Angeles and a recent addition to the CACJ Board of Directors. Before
coming to California, Ms. Stiffelman was a public defender in the Bronx
and Brooklyn. One of her last trials in New York led to the exoneration
of Otis Boone, who was sentenced to 25 years at the age of 19, and
served 7 years before his case was reversed and retried. His case can be
found in the National Registry of Exonerations.
Practicing in both trial and appellate courts, Ms. Stiffelman serves on
the juvenile, post conviction, and adult trial panels in Los Angeles
County, as well as CAP-LA, FDAP, and SDAP. Ms. Stiffelman litigates
post-conviction homicide and special circumstance murders, with a focus
on former minors and juvenile offenders. She also writes about DNA
evidence, has served as faculty at the National Forensic College in New
York, and lectures on a variety of topics around the country. She is
proud of a recent published opinion, People v. Trammel (2023) 97 Cal.
App. 5th 415, and to have represented more than fifteen lifers released
on post-conviction motions in 2023. Along with her associate Victoria
Don, Ms. Stiffelman was also the last in a long line of attorneys
representing Barry Williams, and in the Spring of 2023 she negotiated
his release after 41 years in custody, the majority of which was spent
on death row.
Al Menaster
Albert Menaster has served as a Deputy Public Defender in Los Angeles County since 1973, and was named CPDA’s “Defender of the Year” in 1987, and was chosen Defense Attorney of the year by the LA County Bar Association in 2007.
Al writes books, articles and lectures frequently on a wide range of defense topics, including computer technology for defense attorneys, juvenile court practice, Proposition 115, Three Strikes, Proposition 36, Courtroom
Evidence and Motion Practice. Al has argued before the United States Supreme Court and repeatedly before the California Supreme Court. He has written and spoken at many programs for CACJ and CPDA over the years, and has
authored amicus briefs with a remarkable success rate. Al is a managing editor of CACJ's Forum magazine, for which he writes a tech. column and book reviews, as well as substantive legal articles.
Chuck Sevilla
After receiving his law degree from the University of Santa Clara,
Chuck earned a masters degree (LL.M) from the Urban Law Institute at
George Washington University Law School. He spent two years as an
attorney in Washington,
D.C., for VISTA, Volunteers in Service
to America, before moving to San Diego to serve as a Federal Public
Defender. Chuck rose to the position of Chief Trial Attorney in the San
Diego Federal Public Defender office.
In 1976, he was recruited to establish
and head the Los Angeles office of the California State Public Defender
office. Later he became the Chief Deputy State Public Defender for the
State of California. In 1983, he and longtime friend and colleague, John
Cleary, established the law firm of
Cleary and Sevilla. In 2004, John Cleary retired from the practice to
teach at Moscow State University in Russia under the auspices of the
Fulbright Program, the U.S. government's flagship
program in international educational
exchange. Chuck continues his full-time criminal defense practice.
Chuck has argued cases at all appellate
levels, including three times before the U.S. Supreme Court. He is a
frequent speaker and presenter at legal conferences. Chuck has published
books on legal humor and two novels about a fictional New York City
defense
lawyer, John Wilkes. He has authored
numerous law review articles and is the co-editor of a comprehensive
legal text on California criminal law, California Criminal Defense
Practice, used by lawyers and in law schools throughout
the country.
Chuck served as CACJ‘s seventh President
in 1979-80 and President of San Diego Criminal Defense Lawyer's Club in
1988; San Diego Defenders Board of Directors 1994-2009 and presently
serves on the Board of Directors for the San Diego Criminal Defense Bar
Association. He has also been Listed in
The Best Lawyers in America: all editions from 1987-2015
(Woodward/White, Inc.)
On Demand Sessions
The below on-demand sessions are included with registration and offer a comprehensive overview of key areas in appellate practice, ensuring you are well-equipped to navigate the new horizons in defense law.
Practical Tips on Preparing for and Presenting Oral Argument
Speaker: Cliff Gardner
1.0hr Participatory General & Specialization
Gain practical advice on preparing for and presenting oral arguments. Cliff Gardner shares strategies to enhance your courtroom performance, ensuring you are well-equipped to advocate effectively for your clients in appellate
courts.
Emerging Issues in Jury Selection: From the All White Jury to a Representative One
Speakers: Stephen Bright, Esq. & Tamani Taylor, Esq.
1.00 hr Participatory General & Specialization; 1.0 Hrs Elimination of Bias
This session addresses the evolving challenges and strategies in jury selection, focusing on creating more representative juries. Stephen Bright and Tamani Taylor will provide insights into tackling bias and ensuring fair
trials for all clients.
Implicit Bias for Perpetuating the Presumption of Guilt
Speaker: Janis Puracal, Esq.
1.0 hr Participatory Elimination of Bias, General & Specialization
Explore the impact of implicit bias in the criminal justice system with Janis Puracal. This session delves into how implicit biases can affect case outcomes and offers strategies for defense attorneys to address and counteract
these biases effectively.
Agenda
Saturday October 5th
7:30am - 8:00am
Coffee With CACJ
8:00am - 9:15am
This Year’s Cases with Al Menaster
9:15 am - 10:15am
Implied Malice and Watson Murder with George Schraer
Break 10:15am - 10:30am
10:30 - 11:30am
Youth Sentencing and Resentencing Reforms with Mi Kim
Lunch Break 11:30am - 12:30pm
12:30pm-1:30pm
Chiu
Issues: Navigating Complexities with Bess Stiffelman
1:30pm - 2:30pm
Navigating the New Terrain: Recent Supreme Court Changes to Crawford Applications with Chuck Sevilla
5.25 participatory hours from the LIVE Webinar + 3.0 participatory hours from the On Demand Webinars,
including General, Specialization, and 2.0 Elimination of Bias hours.
|
