Flash Archive

CACJ Flash!Nuggets are a weekly newsletter containing practice tips, case analyses, and other messages concerning important legal developments of general interest to the membership.

2019 FLASH Archive


Date Author Title
January
January 2 Scott A. Sugarman Subpoena No More
January 9 Al Menaster Implied Malice and Proximate Cause
January 16 Ted Cassman & Raphe Goldman
January 23 John Lanahan
January 30 Pat Ford More Big Brother - License Plate Readers
February
February 8 Charles Sevilla The 1054 Reciprocal Discovery Conundrum: From Izazaga to Landers
February 13 Al Menaster
February 20 Ted Cassman & Raphe Goldman Excessive Fines and the States
February 27 John Lanahan No. 220: The Moorings of Moore
March
March 6 Pat Ford New Developments in the Sentence Recall Provision
March 13 Charles Sevilla Rx For Toxic Advocacy
March 20 Al Menaster When is a Weapon Deadly?
March 27 Ted Cassman & Raphe Goldman
April
April 3 John Lanahan The Federal Tatler © No. 221: Appeal is never waived: Garza v. Idaho
April 10 Pat Ford The Ubiquitous Dr. U.
April 17 Charles Sevilla Comments and Observations on the Need For Vigilant Monitoring of Police
April 24 Al Menaster
May
May 1 Ted Cassman & Raphe Goldman
May 8 John Lanahan
May 15 Pat Ford
May 22 Charles Sevilla
May 29 Al Menaster
June
June 5 Ted Cassman & Raphe Goldman
June 12 John Lanahan
June 19 Pat Ford
June 26 Charles Sevilla
July
July 3 Al Menaster
July 10 Ted Cassman & Raphe Goldman
July 17 John Lanahan
July 24 Pat Ford
July 31 Charles Sevilla
August
August 7 Al Menaster
August 14 Ted Cassman & Raphe Goldman
August 21 John Lanahan
August 28 Pat Ford
September
September 4 Charles Sevilla
September  11 Al Menaster
September 18 Ted Cassman & Raphe Goldman
September 25 John Lanahan
October
October 2 Pat Ford
October 9 Charles Sevilla
October 16 Al Menaster
October 23 Ted Cassman & Raphe Goldman
October 30 John Lanahan
November
November 6 Pat Ford
November 13 Charles Sevilla
November 20 Al Menaster
November 27 Ted Cassman/ Raphe Goldman
December
December 4 John Lanahan
December 11 Pat Ford
December 18 Charles Sevilla
December 25 Al Menaster

2018 FLASH Archive


Date Author Title
January
January 3 Al Menaster Mooring, Again
January 17 Charles Sevilla New Rule of Professional Conduct for California State and Federal Prosecutors Compels Pre-trial Discovery of all Exculpatory Evidence
January 24 Al Menaster

The Supreme Court Sharply Limits What Can Be Used to Establish That A Prior Qualifies as a Strike Prior

February
February 7 John Lanahan

No. 212: Fallout from Pena-Rodriguez: Tharpe v. Sellers

February 14 Pat Ford Rethinking the Money Bail System
February 21 Charles Sevilla In re Humphrey and the New Right to Bail
February 28 Al Menaster New Big-Deal Bail Case or Everything You Used to Know About Bail Hearings is Different
March
March 14 Ted Cassman &
Raphe Goldman
Waiver and the Right to Appeal
March 21 Charles Sevilla Intentional Thoughts
March 28 Pat Ford

“Oops, my bad” - Repudiated testimony leads to reversal of capital conviction

April
April 4 Al Menaster

Pretexts & Whren

April 18 John Lanahan

The Federal Tatler © No. 213: Cutting the Gordian knot ofChaidez and Kim: PC 1473.7

April 25 Pat Ford

A Recent Addition to The Penal Code Creates New Broad Avenues for Record Sealing

May
May 2 Jay Temple

A Recent Addition to The Penal Code Creates New Broad Avenues for Record Sealing

May 9 Al Menaster

Getting Your Defense into Evidence in Spite Of Sanchez

May 16 Ted Cassman &
Raphe Goldman

SCOTUS: New Standing Rule for Vehicle Searches

May 23 Pat Ford

Justice Liu on Eyewitness Identification

May 30 John Lanahan

No. 215: When punting is not allowed: McCoy v. Louisiana

June
June 6 Charles Sevilla

New Rule: Contacting Represented Persons

June 13 Al Menaster

The Real McCoy? What can you do and what can’t you do when your client wants you to contest guilt but you don’t want to

July
July 2 Al Menaster New Diversion Law, Effective Now; Diversion for Any Offense, For Defendants With Mental Illnesses
July 3 John Lanahan

The Federal Tatler © No. 216: When Three’s Not a Crowd: Carpenter v. US

July 12 Pat Ford

Good Reasons and Bad Reasons

July 18 George Schraer

People V. Chiu - The Gift That Keeps On Giving

July 26 Al Menaster

New Favorable Case Requiring Search Warrants for Cell Site Location Information

August
August 1 Ted Cassman &
Raphe Goldman

Keeping Your Defense Strategy Confidential

August 15 Charles Sevilla Centeno Errors I Have Seen
August 22 Al Menaster Rule 4.2 Communication With a Represented Person
September
September 5 Pat Ford Cops Wouldn’t Lie - They Could be Charged With Perjury
September 12 John Lanahan
September 26 Al Menaster Duty to Argue Against Your Client?
October
October 10 Ted Cassman &
Raphe Goldman
October 24 Charles Sevilla It's Not For The Truth - Oh, Yes It Is
October 31 Al Menaster

McCoy Again, This Time It’s Real

November
November 1 John Lanahan

No. 218: Prosecutorial Indiscretion: Zero Tolerance in San Diego

November 28 Charles Sevilla Arguing Nullification Variants
December
December 12 Al Menaster Confrontation and Use of Expert Reports
December 19 Ted Cassman &
Raphe Goldman
Recent Developments in the Interpretation of Proposition 47
December 26 John Lanahan

Federal Tattler No. 219. When Burglary is Finally) Burglary: US v. Stitt

2017 FLASH Archive


Date Author Title
January
January Dennis Riordan Youth, Crime, And Parole
January Al Menaster Declarations Against Interest
February
February Pat Ford “Newly discovered evidence” breakthrough
March
March Ted Cassman & Raphe Goldman A (Slightly) New Turn in Habeas?
March John Lanahan The Federal Tatler No. 205: Bucking the trend: Buck v. Texas
March Pat Ford More Cell Phone Search Issues
March Charles Sevilla Findings to Put in Statement Suppression Motions and Jury Instructions Where Murder Suspect Interrogations Are Not Recorded
March John Lanahan The Federal Tatler No. 204: Occluding Issue Preclusion: Bravo-Fernandez v. United States
April
April Al Menaster New Case Barring Hearsay From Experts
April John Lanahan The Federal Tatler No. 206: Another Bookend to Booker: Beckles v. United States
April Pat Ford Good-faith and Inevitable Discovery
May
May Charles Sevilla New Movement to Rationally Limit Mandatory Lifetime Sex Registration Requirements
May Al Menaster The Presumption of Innocence; A History
May Ted Cassman & Raphe Goldman A Legacy of the Notorious Felix Mitchell Gang
May John Lanahan The Federal Tatler No. 208 Breaching the no impeachment citadel: Pena-Rodriguez v. CO
June
June Pat Ford A New Day for Batson/Wheeler Claims
June Laura Schaefer Tried and Sentenced by Secret Source Code
June Al Menaster Sanctions for "Frivolous" Appeals?
Follow-up: Sanctions for "Frivolous" Appeals?
July
July John Lanahan The Federal Tatler No. 209: First (and I hope lasting) Impression: Packingham v. North Carolina
July Charles Sevilla Warrantless DUI Blood Extractions Post-McNeely and Birchfield
August
August Al Menaster Book Review: Moral Defense
August Ted Cassman & Raphe Goldman Adoptive Admissions in the Modern World
August Pat Ford Briggs v. Brown Keeps Death Alive
September
September John Lanahan The Federal Tatler No. 210: The checkerboard of prejudice: Jan Lee v. United States
September Charles Sevilla New Misdirection for Bail on Appeal
September Al Menaster Two Good 4th Amendment DUI Cases; In A Week!
September Ted Cassman & Raphe Goldman California’s Electronic Communications Privacy Act: Resurrection of Independent State Grounds and Expanded Standing Rules
October
October Pat Ford Defendant's Right to the Alleged Victim's Social Media Records
October Charles Sevilla Mixed DNA Sample Case: Reversed Murder Conviction
October
November
November Al Menaster Crazy Bad New Hearsay Case
November Pat Ford More Privacy Cases
November Charles Sevilla Use a Gun, Go to Prison? Not so Fast
December
December John Lanahan The Federal Tatler © No. 211: The Second Half of Federal Sentencing: Designation

2016 FLASH Archive


Date Author Title
January

January 13

John Lanahan

The Federal Tatler © No. 197: Closing the Ring; Hurst v. Florida

January 20

Pat Ford

The Failure to Gather Evidence

January 27

Charles Sevilla

Here Comes the ECPA: The Electronic Communication Privacy Act

February

February 3

Dennis Riordan

Sex crimes- specific versus general intent

February 10

Al Menaster

News Flash; Court Of Appeal Overrules Supreme Court

March

March 2

Pat Ford

Old science as false evidence

March 9

Charles Sevilla

Probation Searches, Cell Phones, And The Fourth

March 16

Dennis Riordan

Brady Wins; Alito And Thomas Go Down To Defeat

March 23

Al Menaster

PROP. 47 APPLIES TO FOLKS ON PROBATION

April

April 13

Pat Ford

When Juries and Defendants Don’t Look Alike

April 20

Charles Sevilla

DUIs, FSTs, And Factual Innocence

May 4

Al Menaster

A Tale of Two Arguments

May 18

John Lanahan

No. 199: The Retroactive Revolution: Welch V. United States

June

June 1

Charles Sevilla

The Legislature Has Determined Many Diversion Pleas of Guilty Are Invalid and May Be Easily Voided

June 15

Al Menaster

De-publication Rules Changed

June 22

Ted Cassman & Raphe Goldman

SCOTUS’s Decision in Utah v. Strieff; Illegal Detentions and the Attenuation Doctrine

June 29

John Lanahan

It’s only elementary: Mathis v US

July

July 13

Charles Sevilla

Cases Involving DNA Testing Prior to April 2011 Need to Be Reviewed

July 20

Dennis Riordan

PEOPLE V. SANCHEZ: A PRIMER ON HEARSAY LAW

July 27

Al Menaster

Attenuation From Finding An Arrest Warrant During An Illegal Stop

August

August 24

Charles Sevilla

Recently, I Looked At Sausages Being Made And It Wasn’t All that Bad

September

September 14

Ted Cassman & Raphe Goldman

A New Federal Medical Marijuana Defense?

September 21

John Lanahan

The Federal Tatler © No. 202: The more things change . . .: US v. Paul Davis

October 5

Charles Sevilla

Important New Developments on Prosecution Conduct

November

November 2

John Lanahan

No. 203: Checkmating the checkpoint

November 9

Pat Ford

Allowing the victim to address the Court of Appeal

November 16

Charles Sevilla

Sargon and Experts 2016

November 30

Al Menaster

Marcia Clark’s Terrible, Horrible, Really Bad Lawyer Thriller

December

December 7

Ted Cassman & Raphe Goldman

Legislating Probable Cause

2015 FLASH Archive


Date Author Title
January

January 7

Al Menaster

Outrage Of...The Millennium?

January 14

Ted Cassman & Raphe Goldman

Does the California Constitution Have Some Life?

January 28

Pat Ford

The collective and cooperative defense

February

February 11

Charles Sevilla

Brave New World of Virtual Drone Investigation

February 18

Dennis Riordan

Much Ado on the Brady Front

February 25

Al Menaster

What must you Tell the Judge about a Conflict and when must you do so?

March

March 4

Ted Cassman & Raphe Goldman

The Accusatory Pleading Test

April

April 1

Charles Sevilla

Defending the Right of Self-Defense

April 15

Al Menaster

Necessity and Duress

April 22

Ted Cassman & Raphe Goldman

Self-Defense Is Alive and Well, Even If You Started It

May

May 6

Pat Ford

Reverse This

May 20

Charles Sevilla

EDR Searches
June

June 3

Al Menaster

Entrapment

June 10

Stephen Munkelt

How to Improve Attorney-Client Visiting Conditions at Jail

June 17

John Lanahan

No. 193: Closing in of sex offender registration: Grady v. North Carolina

June 24

Pat Ford

A great coerced confession case
July

July 1

Charles Sevilla

Brady Violations by the Police: Big Payouts

July 8

Dennis Riordan

Child Abductions, Good Faith, and Reporting Requirements: The Legal Conflict

July 15

Al Menaster

New Crawford Case: Bad but not that Bad

July 29

John Lanahan

No. 194: Clear as applesauce: Johnson v. US
August

August 5

Pat Ford

Here come the Prop 47 Cases

August 12

Charles Sevilla

Campus Sexual Assault Allegations, Adjudications, and Title IX

August 26

Al Menaster

Mistake OF Fact Defense

September

September 2

Ted Cassman & Raphe Goldman

Sex Registration and Equal Protection

September 16

Pat Ford

The truth about IAC

September 23

Charles Sevilla

Four Lessons for Reasonable Case Loads for Public Defenders

September 30

Dennis Riordan Prosecutors as expert witnesses on the law
October

October 7

Al Menaster

CACJ Contempt Manual

October 14

Ted Cassman & Raphe Goldman

Recent Miranda Decision- Will California Courts get it Right?

October 21

John Lanahan

No. 195: The return of disparity: role and fast track

October 28

Pat Ford

Cell phone searches of juvenile probationers
November

November 4

Charles Sevilla

On the Vagaries of the Law: Void for Vagueness Challenges to Statutes, Regulations or Case Rules After U.S. v. Johnson, 576 U.S. __, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015).

November 11

Dennis Riordan

Ayala And Harmless Error

November 18

Al Menaster

Defense Of Accident
December

December 2

John Lanahan

Federal Tatler No. 196: First fallout from Johnson v. US: Dimaya v. Lynch

December 9

Pat Ford

The Failure to Gather Evidence

December 16

Charles Sevilla

Internet Cannibalism: The Strange Case of Officer Gilberto Valle

December 23

Dennis Riordan

Sex crimes: specific versus general intent

December 30

Al Menaster

It takes a team: We win the issue of dismissal of individual Counts in a penal code section 991 motion

2014 FLASH Archive


Date Author Title
January

January 9

Dennis Riordan

Petitions for Rehearing and Prosecutorial Misconduct-
try, try again

January 16

Al Menaster

Fingerprint Evidence doesn't have to meet the Kelly Test

February

February 13

Steven Kalar

United States v. Williams

February 20

Charles Sevilla

"Expungement" Relief Takes on a New Life

February 27

Dennis Riordan

In the Land of the Blind, the Man with one Eye is King
(But not in a Capital Case)

March

March 6

Al Menaster

Can the Police search a cell phone seized
during an arrest without a warrant?

March 13

Ted Cassman & Raphe Goldman

Rosemond v. United States: the U.S. Supreme Court Takes a Somewhat Opaque Pass at the Elements of Aiding and Abetting Liability

March 20

John Lanahan

The Federal Tatler #184: A Modest Proposal-
Why not make Booker Retroactive

March 27

Pat Ford & Alex Coolman

Medical Pot as a Defense to Possession for Sale

April

April 3

Steven Kalar

United States v. Vargem

April 10

Charles Sevilla

On Prelims and Findings of Fact

April 24

Al Menaster

Great New Case Limiting Police "Gang Experts"

May

May 1

Ted Cassman & Raphe Goldman

Navarette v. California: Anonymous tips & Reasonable Suspicion

May 7

John Lanahan

The Federal Tatler #185:  The Reach of Restitution Paroline v. US

May 14

Pat Ford

Batson/ Wheeler Developments

May 21

Steven Kalar

United States v. Preston

May 28

Charles Sevilla

Breathing Life into Insufficiency Arguments on
Motions for Acquittal and on Appeal

June

June 4

Dennis Riordan

Southern Union and California Alternative Fines

June 11

Al Menaster

Anonymous tips & The Fourth Amendment

June 18

Ted Cassman & Raphe Goldman

Red Light Cameras and the Admissibilty of Machine-
Generated Evidence

July

July 2

Pat Ford

Riley v. California

July 9

Steven Kalar

United States v. Tillman

July 23

Dennis Riordan

So who did this, Officer?

August

August 6

Al Menaster

Riley and Good Faith

August 13

Ted Cassman & Raphe Goldman

A very small step back from the natural &
probable consequences doctrine

August 27

Pat Ford

Remaining silent does not invoke the right to remain silent

September

September 10

Charles Sevilla

Where's the beef? Arguing missing evidence

September 24

Al Menaster

Using a Cell Phone When Driving
October

October 1

Ted Cassman & Raphe Goldman

Trombetta in the Video-Recorded Age

October 15

Pat Ford

Another good search computer case.

October 29

Charles Sevilla

The Brady team Concept: The Prosecutor is Responsible for the knowledge of the Prosecution Team
November

November 12

Al Menaster

Change in the Rules of Conduct: “Party” and “Person”

December

December 3

Pat Ford

Improper questioning of a silent witness

December 10

Steven Kalar

United States v. Victor Raya-Vaca, 2014 WL 5802287 (9th Cir. Nov. 10, 2014)

December 17

Charles Sevilla

That Prosecutor’s Argument Ain’t worth a Centeno

2013 FLASH Archive


Date Author Title
January

January

John Lanahan

The Federal Tatler ©

January

Pat Ford

A Gang of One

February

February

Al Menaster

Estes Robberies

February

John Lanahan

The Federal Tatler ©

February

Pat Ford

Answering Juror Questions

March

March

Steven Kalar

Davis, Forfeiture and Restitution

March

Charles Sevilla

Searches Based on Probation

March

Dennis Riordan

Does Fraud Require Fraud?

March

Al Menaster

Pre-Preliminary Hearing Discovery

April

April

Ted Cassman & Ralphe Goldman

The Supreme Court's Fourth Amendment

April

Pat Ford

Search Warrants for Blood Tests

April

Steven Kalar

United States v. Yuman-Hernandez

April

Pat Ford

Collecting DNA samples from arrestees

May

May

Charles Sevilla

So You Want to Advise the Surety to Sign the Bail Bond for Your Client?

May

Dennis Riordan

What can the defense do when the Government destroys evidence?

May

Al Menaster

Pre-preliminary hearing discovery, yet again.

June

June

Charles Sevilla

Sargon v. USC: California's New Approach to the Vetting All Proffered Expert Testimony

June

Dennis Riordan

Hobbs and the taking of property: when scalia is good, etc.

July

July

Al Menaster

Indicated Sentences and Judicial Plea Bargaining

August

August

Dennis Riordan

Does Doe V. Harris Complicate Future Plea Agreements in State Courts?

August

Al Menaster

Police Hearsay to Introduce Expert Evidence at the Prelim

August

Ted Cassman & Ralphe Goldman

Revisiting a Supreme Court Opinion

December

September

Chuck Sevilla

How to Avoid Making Your Expert A Snitch for the Government

October

October

Al Menaster

Crawford and Experts, Yet Again

October

Ted Cassman & Ralphe Goldman

Entrapment Defense in the Ninth Circuit

October

Pat Ford

Life sentences for kids

November

November

Chuck Sevilla

Happy 50th Birthday Brady v. Maryland

November

Dennis Riordan

The Right to Due Process Notice

November

Al Menaster & Tina Katz

The New Transparency; Secrecy

2012 FLASH Archive


Date Author Title
January
January Al Menaster GPS and the 4th Amendment
February
February Pat Ford Is the Defendant Competent to Try the Case?
March
March Al Menaster Red Light Camera Cases and You
March John Lanahan Federal Tatler No. 164©
March Pat Ford Kennedy Recognizes IAC in Guilty Plea Cases
March Steven Kalar United States vs. Ressam
April
April Charles Sevilla Working Furlough on Realignment Split Sentences
April Dennis Riordan Of Shaken Babies and Clemency
April Al Menaster Red Light Camera Cases and You, Part II
April Ted Cassman & Rafael Goldman A Bit of Bail Law
May
May John Lanahan The Federal Tatler ©
May Pat Ford Did They Really Try to Find a Witness?
May Steven Kalar United States vs. Milovanovic
May Charles Sevilla Protecting Good Character Testimony
June
June Ted Cassman & Raphe Goldman Double Jeopardy After Blueford v. Arkansas: Get a Verdict!
June John Lanahan The Federal Tatler ©
June Pat Ford Using Section 654 in Gun Cases
July
July Steven Kalar United States vs. Milovanovic
July Dennis Riordan Challenging Claims That "Partial" or "Trivial" Courtroom Closures are Permissible
July Al Menaster New Confrontation Case; Supreme Court Mess
August
August John Lanahan The Federal Tatler ©
August Pat Ford De facto LWOP sentence for a minor violates the Eighth Amendment
August Steven Kalar United States v. Pineda-Moreno
August Charles Sevilla Dealing with Testi-lying at Trial and on Appeal
September
September Dennis Riordan Brady and Bacigalupo
September Al Menaster Getting Rid of Strike Priors to Avoid the Exception for Credits in Penal Code Section 4019
September Ted Cassman & Rafael Goldman A New Case Limiting Jessica's Law's 2000-Foot Residency Restriction
September John Lanahan The Federal Tatler ©
October
October Pat Ford The Failed Art of Invoking Counsel
October Steven Kalar Is Limewire, Morpheus, uTorrent, Gnutella, FrostWire, Shareaza, Ares, RapidShare or Vuze on your client's computer, in a child porn prosecution?
October Charles Sevilla Using Unallocated Computer Space Images to Convict
October Dennis Riordan Judge Betty Fletcher: She Wrote Her Own Epitaph
November
November John Lanahan The Federal Tatler ©
November Steven Kalar Wolf Child and Supervised Release
December
December Charles Sevilla Citizens Recording Public Police Conduct
December Dennis Riordan Judges and Grand Jurors as Witnesses: Not a Good Idea
December Al Menaster Declarations Against Interest Offered Against Co-Defendants

2011 FLASH Archive


Date Author Title
January
January Pat Ford Searching the iGiveupphone
January Steven Kahlar Ninth Falls on Right Side of Split on Witness Tampering
January Chuck Sevilla New Encyclopedia of Misconduct
January Dennis Riordan Ugly News on Parole
February
February Al Menaster The Police themselves Create an Exigency; Ok or Not?
February John Lanahan The Federal Tatler
February Pat Ford Improper Limits on Psychiatric Testimony
March
March Al Menaster New Crawford Case; Good and Bad
March Chuck Sevilla Victim Impact Evidence Durring Non-Capital Trials
March Dennis Riordan SDM and Vehicle Searches
March Steven Kalar Ninth Offers Major New Analysis for "Minor" Issue -United States v. Doss
April
April John Lanahan The Federal Tatler: No. 158 Less Salt in the Wounds: Pepper vs. United States
April Pat Ford Parole Suitability Does Not Require a Confession
April Steven Kalar Bakersfield is Now the "Boarder" - United States v. Cotterman
April Chuck Sevilla Higgins Redux: Joy & Lament
May
May Al Menaster Getting all the Discovery you Need, or the Holy Grail Just Showed Up
May Ted Cassman & Raphael Goldman New Hope for Defendants Facing Sentencing under the Federal Sentencing Guideline for Child Pornography
May John Lanahan The Federal Tatler © No. 159: Culling or Killing Habeas: Cullen v. Pinholster
June
June Pat Ford Courts Gang Up on the Experts
June Chuck Sevilla Breath Testing is Fallible
June Denis Riordan Social Networks: Perils and Possibilities
June Al Menaster Supervisors Can't Testify to Test They Didn't Actually Do
July
July John Lanahan The Federal Tatler © No. 160: Prisons do not Rehabilitate: Tapia vs. US
July Steven Kalar No "Second Bite" at the Guilty Verdict Apple: Evanston and Jury Notes in Federal Court
August
August Chuck Sevilla Jury Investigation in The Beginning
August Al Menaster BULLCOMING Part II
August Ted Cassman & Raphael Goldman The Criminal Justice Realignment Law (AB 109) Effective October 1 2011
September
September Pat Ford An IAC Tale
September Steven Kalar The Great Santini: Clipping the Wings of Government Experts
September Chuck Sevilla Realignment is Coming! Realignment is Coming!
September Dennis Riordan Federal Arrestees, DNA Collection and Statutory Titles
October
October Al Menaster Realignment; Yes Realignment Again
October John Lanahan The Federal Tatler©
November
November Steven Kalar An Immunity Boost: Wilkes
November Chuck Sevilla Cavazos v. Shirley Ree Smith
November Dennis Riordan Judicial Restraint When Convenient
November Al Menaster Great New Search Case
December
December Ted Cassman & Raphael Goldman The Supreme Court Takes Another Shot at the Exclusionary Rule
December Pat Ford Can the Prosecution Reopen it's Case to Fill Gaps?
December Steven Kahlar US v. Rudd
December Chuck Sevilla Dealing with Court Clerk Problems

2010 FLASH Archive


Date Author Title

January

January

Chuck Sevilla

Prior Convictions: Tailoring of Taylor: Nijhawan v. Holder

January

Al Menaster

Illegal Lobster Case a Great Catch for the Defense

March

March

Al Menaster

Melendez-Diaz Lives! Film at 11

April

April

Chuck Sevilla

Line Drawing and Line Blurring : MD v. Shatzer and FL v. Powell

April

Dennis Riordan

In the Wake of Padilla, What Next?

April

Al Menaster

Johnson overruled; It is good cause when counsel is engaged

April

Ted Cassman & Raphael Goldman

Dowl and Chakos: A Split of Authority Concerning Police "Experts" In Medical Marijuana Cases

April

John Lanahan

The Federal Tatler

May

May

Al Menaster

Melendez-Diaz Lives! Film at 11

May

Pat Ford

"Certainty" as a Factor in Eyewitness ID's?,

May

Steven Kalar

New Ninth Decision Stevnr Bolsters Sixth Amendment Right to Theory-of-Defense

May

Chuck Sevilla

The Practice of Criminal Law-Can I be Sued?

May

Dennis Riordan & Michael Freedman

Judge Noonan Weighs in on the Right to Present a Defense and into Federal Habeas Relief

June

June

Al Menaster

Menaster Single Handedly Screws Up Appellate Procedure ; Film at 11

June

Ted Cassman & Raphael Goldman

The Supreme Court Continues its Step-by-Step Retreat from Miranda

June

John Lanahan

The Federal Tatler

June

Pat Ford

Trial Counsels New 1118.1 Dilemma

July

July

Steven Kalar

Bad Loss from Goodwin: Blinkinsop and Federal Child Porn Sentencing

July

Chuck Sevilla

Letting the Warrior Gene out of the Bottle

July

Dennis Riordan

Guns and Self Defense Under the Second Amendment

July

Al Menaster

Commission Yields to Menaster's Importuning

July

Ted Cassman & Raphael Goldman

A Little Known Entitlement for Suspects Who are Detained but not Charged

August

August

August

John Lanahan

The Federal Tatler

August

Steven Kalar

D.C. Circuit Schools Ninth on Fourth Amendment and GPS Tracking

August

Pat Ford

Civilized Restitution

August

Chuck Sevilla

Don't Give Me Static

September

September

Dennis Riordan

CALCRIM Sexual Assualt Instruction Declared Unconstitutional

September

Al Menaster

Pre-Preliminary Hearing Discovery and You

September

Ted Cassman & Raphael Goldman

New Investigative Frontiers and Legal Implications: Government Access to "Cell Site Location Information."

September

John Lanahan

The Federal Tatler

September

Pat Ford

Gang Nuggets

October

October

Steven Kalar

Involuntary Medication a Hard "Sell" in the Ninth Circuit

October

Chuck Sevilla

Bulldozing a Level Playing Field

October

Dennis Riordan

Prosecutorial Misconduct: Abusing the "Golden Rule"

October

Al Menaster

Reports of the Demise of the Exception to Crawford for Dying Declarations were Exaggerated

November

November

Ted Cassman & Raphael Goldman

People v. Kling: Defense Confidentiality in the Context of a Subpoena Duces Tecum

November

John Lanahan

The Federal Tatler

November

Pat Ford

Read But Not Understood

November

Steven Kalar

The Ninth Gets it Wright - Federal Jurisdiction in Child Pornography Cases

December

December

Chuck Sevilla

A Shakes Pearean Whisper

December

Al Menaster

Kling: Terrible Case or Worse Case Ever?

December

Ted Cassman & Raphael Goldman

Erroneous or Omitted Instructions Concerning a Required Element: Harmless Error

December

John Lanahan

The Federal Tatler: No. 155 Another Way to Avoid AEDPA: coram nobis

2009 FLASH Archive


Date Author Title

January

January

Dennis P. Riordan

Everything is Mail Fraud

January

Al Menaster

Herring: Worst Case Ever or Just a Red Herring?

January

Ted Cassman & Raphael Goldman

Attempt Crimes in California Still Require an Unequivocal Act beyond Mere Preparation

February

February

Dennis P. Riordan

Hope On Upper Terms

February

Chuck Sevilla

Update: Popular Internet Social Networks As Sources of Evidence

March

March

Al Menaster

Galland 3; The Wrath of Jackie

April

April

Dennis P. Riordan

Does John Yoo Speak Spanish?

April

Charles Sevilla

Title Not Submitted

April

Al Menaster

Severance Prejudice Cross Admissibility and Evidence Code Section 1108

May

May

Dennis P. Riordan

Motion to Surpress Car Searches are Back

May

Charles Sevilla

Old News New News: Trial Lot and in Cyberspace

June

June

Ted Cassman & Raphael Goldman

The Supreme Court Abandons Michigan v. Jackson

June

Ignacio Hernandez

Will Conan the Governor Lead the Charge for Criminal Justice Reform? One Tail from this Weeks Budget Hearing

June

Dennis P. Riordan

Justice Albeit Delayed

July

July

Charles Sevilla

Crawford Passes Lab Test

July

Albert Menaster

Limitation on Hersay Expanded to Police Criminalist

August

August

Raphael Goldman

A Confrontation Clause Challenged to Admissibility of Custodian's Affidavits Under Evidence Code 1562

August

Albert Menaster

Melendez-Diaz; How Far Does it Go?,

September

September

Charles Sevilla

Defense Witness Immunity: Before During and After....,

September

Al Menaster

The Role of the Prosecutor in Third Party Discovery

October

October

Dennis Riordan

Enron Void for Vagueness and the Rule of Lenity

October

Charles Sevilla

The DUI Code In Search of the Source

October

Al Menaster

The Forfeiture Wrongdoing Exception Rears it's Ugly Head Again

November

November

Ted Cassman & Raphael Goldman

Proposition 9- The Goose and the Gander in the Death Penalty Context

December

December

Charles Sevilla

Retooling Rompilla: Bobby v. Van Hook

December

Al Menaster

Menaster Famous; or is it Infamous?

2008 FLASH Archive


Date Author Title

January

January

Ignacio Hernandez

Right to Pitchess Material Under Attack

January

Ted Cassman/Raphe Goldman

There Are No Exigent Circumstances for Non-Jailable Offenses

January

Al Menaster

The Death Penalty Appeal Initiative

January

Chuck Sevilla

Experts Schmexperts

February

February

Ted Cassman & Raphe Goldman

Nullifying the Statutory Limitations on Compassionate Use

February

Al Menaster

No Prosecution Continuances Without Good Cause

February

Dennis Riordan

Goofy Does Not Necessarily Mean Guilty

February

Chuck Sevilla

Metadata and You

March

March

Chuck Sevilla

Polygraph is Out .... No, In

April

April

Ted Cassman & Raphe Goldman

Hoisting Them by Their Own Petard: Present Hearsay at the Preliminary Examination Through Police Witness

April

Chuck Sevilla

Taking Part in In Camera Reviews

April

Al Menaster

Changing the Rules on Who You Can Talk To

May

May

Ted Cassman & Raphe Goldman

U.S. v Williams-The Latest Word on Childhood Pornography

May

Al Menaster

Changing the Rules on Who You Can Talk To

June

June

Al Menaster

Honey, They Can't Shrink our Client

June

Chuck Sevilla

What About Wharton's Rule

June

Dennis Riordan

The Rule of Lenity, the Crime of Money Laundering

July

July

Chuck Sevilla

Popular Internet Social Networks as Sources of Evidence

July

Ted Cassman & Raphe Goldman

The Second Amendments and California's Gun Laws

August

August

Ted Cassman & Raphe Goldman

The Sentencing After a Guilty Plea

August

Al Menaster

Giles and the end of Forfeiture by Wrongdoing

September

September

Al Menaster

Unsafe Neighborhoods

September

Chuck Sevilla

Have Laptop, Don't Travel

September

Dennis Riordan

Good Facts Help A Lot

October

October

Ignacio Hernandez

"Easy Come, Easy Go....." Legislative Wrap-Up

October

Al Menaster

Barsamyan: Bad Case or Worse Case Ever?

November

November

Ted Cassman/Raphe Goldman

Proposition 9 Enacts new "Victims' Rights" that aim to curtail our clients' rights

December

December

Chuck Sevilla

The Quasi-Myth of the Open Door Policy

December

Al Menaster

Prop 9 Again

December

Ted Cassman

Mobilizing To Defeat The Next Death Penalty Initiative

2007 FLASH Archive


Date Author Title

January

January

Dennis Riordan

A Quick Report on the Calcrim Committee

January

Ignacio Hernandez

CACJ Update from the State Capitol

January

Ted Cassman/Raphe Goldman

Parent Abductors Entitled to Reasonable Doubt

January

Matt Braner

Sentencing Courts Have More Flexibility in Choosing the "Principal Term"

February

February

Chuck Sevilla

California Department of Corrections and Rehabilitation: The Argument Against Imprisonment

March

March

Chuck Sevilla

Making a Winning Record

March

Dennis Riordan

The Right to Retain Counsel: A Bullet Barely Dodged

March

Al Menaster

Snapshot of Cunningham

April

April

Dennis Riordan

Sex Registration and Jury Finding Under Apprendi

May

May

Al Menaster

Is S.B. 40 Unconstitutional Under Cunningham?

May

Ted Cassman & Alex Landon

We Need to Fix the Leak

May

Dennis Riordan

Implied Malice Murder in California

June

June

Chuck Sevilla

Vics, Pix, Guns, Re-Enactments, and Experts

June

Al Menaster

Cunningham, Part 3 Million: Recidivist Factors

June

Ted Cassman/Raphe Goldman

Whence the Confrontation Cause?

June

Ted Cassman & Philip Schnayerson on behalf of Ignacio Hernandez

Legislative Up-Date

July

July

Chuck Sevilla

A Letter on Penal Code Section 1203.4 Relief

July

Dennis Riordan

To All Members of the Defense Bar

July

Al Menaster

Cunningham and the California Supreme Court

August

August

Ted Cassman/Raphe Goldman

The Demise of the DOJ's Thompson Memorandum and Recognition of its Violation of Defendants' Constitutional Rights

August

Dennis Riordan

Update to Uncharged Offense Evidence Offered to Prove Intent

August

Dennis Riordan

Uncharged Offense Evidence Offered to Prove Intent

August

Chuck Sevilla

Some Thoughts on Using Character Evidence in Bargaining Trial, and Sentencing

September

September

Al Menaster

Brendlin and Passenger Detentions

October

October

Chuck Sevilla

"Eternal Sunshine of the Spotless Mind: fMRI is Coming-No Lie"

October

Dennis Riordan

Deadlocks and Lessers

October

Al Menaster

Buy, buy, buy.....

October

Ted Cassman/Raphe Goldman

The Federal Mail and Wire Fraud Statutes-Must There be an Intent to Obtain Property , or Merely Deprive?

November

November

Ignacio Hernandez

Recently Adopted Vehicle Impoundment Law Contains Constitutional Flaws

November

Dennis Riordan

Impeachment of A Prosecution Witness in Federal Court

November

Chuck Sevilla

Some Evidentiary Nuggets Regarding Agent Testimony

December

December

Ted Cassman/Raphe Goldman

Production Immunity - An Oft Forgotten Gem From The US Supreme Court

December

Ignacio Hernandez

They're At It Again

2006 FLASH Archive


Date Author Title

January

Al Menaster

New Case Permitting Police To Destroy Their Raw Interview Notes

February

Al Menaster

What Discovery Do You Have To Give The D.A. From Your Expert?

Chuck Sevilla

No Danger Of A Fair Trial: The State Of Abuse/Molest Cases In California PART II

March

Dennis Riordan

Sex Offenders

Chuck Sevilla

Using Defense Psychiatric Testimony In Guilt Phase Trials.

April

Chuck Sevilla

New Rules

Al Menaster

Homelessness And Arrests For Sitting Or Sleeping On The Sidewalk

Ted Cassman

Don’t Knock? … Don’t Ask!

May

Dennis Riordan

Thoughts On Holmes

Chuck Sevilla

Preparing For The Other Side’s Final Argument

June

Dennis Riordan

Dna And “Actual Innocence”

Ted Cassman

Probation Searches

Ignacio Hernandez

3 Strikes, DUI's And Prop. 36 - A CACJ Legislative Update From The State Capitol

Al Menaster

The New Crawford Case

July

Chuck Sevilla

Avoiding The “352 Where’s My Evidence Blues”

Ted Cassman

Proposition 83 – “Jessica’s Law” – Is A Disaster

Matt Braner

Penal Code Section 1203.2A: Some Help For The Growing Legion Of Proposition 36 Dropouts

August

Chuck Sevilla

The CDC, The PLO, And Our Clients

Matt Braner

“How About You Do Your Job, Counsel, And I’ll Do Mine” – Handling The Sarcastic Judge

Al Menaster

Hudson V. Michigan: “Exploiting The Illegality”

September

Dennis Riordan

Sent To The Slammer By Lassie

Chuck Sevilla

Getting And Keeping Your Retained & Appointed Clients

Ignacio Hernandez

Cacj’ Co-Sponsored Legislation Approved By California Legislature

Matt Braner

Good News Bad News: Out Of State DUI Priors

October

Al Menaster

Al’s Top Ten Rules For Slide Shows

Matt Braner

In The Court Of Appeal Of The State Of California - Fourth Appellate District - Division One

Matt Braner

The Failure Of Sb 1128 And Jessica’s Law To Address Svp Recommitments

November

Dennis Riordan

CALCRIM 402 And 403

Chuck Sevilla

Prosecution Psych Interview Of The Defendant? Not Today, Thank You.

Al Menaster

Calcrim And Reasonable Doubt Or, Shut The F Up!

December

Chuck Sevilla

Calcrim And Getting Your Own Instructions Given

Al Menaster

Watching Sausages Being Made

2005 FLASH Archive


Date Author Title

January

Matt Braner

Anonymous Informants: The Steady Dilution Of Florida V. JL

Ted Cassman

Only A Sniff Of Bad News

Dennis Riordan

Booker And Fanfan On The Constitutionality Of The Federal Guidelines - 1

February

Matt Braner

The Lifer Plight: Plea Bargaining A Life Sentence

Al Menaster

[Title? New Case On Discovery Of Oral Statements: Friend Or Foe?]

Dennis Riordan

Booker And Fanfan On The Constitutionality Of The Federal Guidelines - 2

Dennis Riordan

Ninth Circuit's Decision - Booker And Fanfan

Chuck Sevilla

Jury Sentencing Denies Due Process Fair Trials

March

Ted Cassman

A Deal's A Deal Under Napue

Al Menaster

Ninth Circuit Rules That Crawford Applies Retroactively?

Chuck Sevilla

Email Forever?

April

Ted Cassman

Guilty Pleas In Federal Court

Al Menaster

Sentencing Hearings: Object, Object, Object

Chuck Sevilla

Misuse Of Syndrome Evidence Continues

May

Matt Braner

Indicated Smindicated

Al Menaster

No Shackling Without Specific Justification

Dennis Riordan

A Brief Argument And Some Useful Authority Challenging The Government's Position

June

Chuck Sevilla

The Defense Of Entrapment By Estoppel

July

Al Menaster

A Reflection On Our So-Called Justice System

Chuck Sevilla

New Shortcut To Prosecution Expertise: Call A Reader

August

Al Menaster

Character Of The Defendant As An Aggravating Factor In The
Prosecution=S Case In Chief

September

Ted Cassman

Compassionate Conspiracy Law?

Al Menaster

The California Supreme Court Relies On Dissents From Washington

October

Ted Cassman

Important New Book On Mental Health
Expert Testimony In Criminal Cases.

Al Menaster

Plain English Jury Instructions; When Are They Effective?

Chuck Sevilla

No Danger Of A Fair Trial: The State Of Abuse/Molest Cases In California

November

Al Menaster

Plain English Jury Instructions

December

Chuck Sevilla

Have You Been Wiretapped Recently?

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