California Attorneys for Criminal Justice

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	Federal Tattler No. 217: Guideline Cases of the 2017 Term
September 26	Al Menaster	Duty to Argue Against Your Client?
October
October 10	Ted Cassman & Raphe Goldman	Birchfield Comes to California
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?
June	Al Menaster	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?

2004 FLASH Archive

Date	Author	Title
May
	Matt Braner	The Apprendi Effect: What Issues Does the Jury Decides at the Prior Convictions Trial?
	Ted Cassman	In The Ninth Circuit, At Least, Winship Error Is Still A Winner
	Chuck Sevilla	It=s Time to Take on CSAAS Syndrome Testimony
June
	Matt Braner	The New Three Strikes Initiative: The Good, The Really Good, and The Ugly
	Ted Cassman	Double Jeopardy And Collateral Estoppel
	Chuck Sevilla	Tale of the Tapes
July
	Chuck Sevilla	Complaining Witnesses Should Be Addressed by Their Names and Not by Conclusory and Argumentative Labels Like AVictim@ Which Assume Facts Not in Evidence and Undermines the Presumption of Innocence
August
	Matt Braner	PC 1099: The Solution to a New Prosecution Tactic in Co-Defendant Cases
	Ted Cassman	D.U.I. Manslaughter and The Three Strikes Law
	Chuck Sevilla	Prior Convictions And Blakely v. Washington
September
	Matt Braner	Proposition 66 And The Apparent Plight Of Second Strikers
	Dennis Riordan	The Landmark Gay Rights Decision in Lawrence v. Texas
	Chuck Sevilla	The Ken Marsh Miracle
October
	Matt Braner	“Implied” Jury Findings Under Blakely
	Dennis Riordan	United States Supreme Court in Missouri v. Siebert
	Ted Cassman	Blakely Update #2 (California Courts)
November
	Ted Cassman	Propensity Evidence Instructions
December
	Ted Cassman	A Blakely Forecast For California
	Chuck Sevilla	Instructing with CALJIC 2.28 is Federal Constitutional Error Punishing Defendants for the Error of Their Counsel.

Calendar more

12/7/2019
Annual Criminal Defense Seminar 2019

2/14/2020 » 2/17/2020
Capital Case Defense Seminar 2020

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