FEBRUARY  2010

JUSTICE CRUZ REYNOSO TO BE KEYNOTE SPEAKER AT CADC 2010 ANNUAL CONFERENCE/SEMINAR SET FOR MARCH 19 AND 20 IN SACRAMENTO

Mark your calendars for our 2010 CADC Conference in Sacramento on March 19 and 20, 2010.  We are finalizing all of the speakers and we are thrilled to have a great lineup this year for both criminal and dependency tracks.

On Friday, we start at noon with an informal buffet lunch with the CADC Board and project directors, during which time the project directors will speak to us and respond to our questions; next we will have our yearly members meeting and board of directors meeting.  Next we will hear from Justice Arthur Scotland, Presiding Justice of the Third District Court of Appeal, after which former California Supreme Court Justice Cruz Reynoso will be our keynote speaker. Then we will go to Old Sacramento for no-host cocktails at Fats Catering, followed by our annual dinner with entertainment by member Chip Northup's group, the Crawdads, joined by former Yolo County Public Defender, Barry "the Fish" Melton.  It promises to be a magical evening of friendship and camaraderie in Old Sacramento.

On Saturday March 20, 2010, the criminal track speakers and topics will be:

Beth Campbell “Search & Seizure”; Michelle May “Batson/Wheeler Issues”; Norton Tooby “Immigration Issues”; Stephen Greenberg “Deconfusing-and Using-Instructional Standards of Review”; Carole Wiggins "Federal Habeas Corpus"; and Bill Davies “Custody Credits: The View from Inside and Outside the CCRC.”

The Dependency track speakers and topics will be:

Brad Bristow & Melissa Nappan: “Winning Opening Briefs”; Kimberly Cluff “ICWA in 2010: Tribal Customary Adoption and Other Developments”; Kevin Thurber “Establishing a Statewide Parent Advocacy Group”; Members of "Children of Incarcerated Parents"; Nell Bernstein “All Alone in the World: Children of the Incarcerated”; Jan Sherwood “Trends in Dependency Law: Where the Courts Seem to be Heading This Week.”

We plan to offer 9.5 hours of MCLE credit. The cost is very reasonable, $150 for Friday programs, Saturday programs and lunch, $20 for Friday lunch (anyone can attend the program as part of the conference fee) and $45 for Friday dinner.  Holiday Inn, Sacramento Capitol Plaza is offering a special CADC rate of $115, plus tax, for reservations made by February 17, 2010. Reservations can be made by calling the hotel directly at 916-446-0100 or 1-800-Holiday and asking for the group by name (CADC Annual Meeting) and asking for the group rate. 

 A booking link also appears here:

http://cadc.net/annualconference/

GREENPATH SOFTWARE SOLUTIONS, LLC - ELECTRONIC BRIEF DELIVERY SERVICE IN PILOT OPERATION WITH THE SECOND APPELLATE DISTRICT

There is still plenty of capacity to process your briefs electronically for the Second District Court of Appeal.  If you have an upcoming filing in the Second District, please give the service a try -- save yourself some inconvenience, some time and save the State of California some money.  Electronic Filing is in the future, get comfortable with it now -- while the pressure is low.  No one has to "Go Completely Electronic" to get value from using this service.  AttyXpress is strictly web-based -- there is NO need to download and install Software to use the service.  Just register for free.  Go to the website: www.greenpathsoftware.com and click on the large green button to get started. At the Xetee website Click the REGISTER button to register as a USER.  Once you are onboard the security site, Xetee.com, click the turquoise Attorney Express button to complete your USER Registration on AttyXpress.  Then you can begin to build your distribution list in anticipation of your upcoming brief. Using the service should be simple and not require any training.  Let GreenPath know what you think at Service@greenpathsoftware.com or call the Customer Service phone line 510-612-2068 for support.  Look for GreenPath Software Solutions, LLC at the CADC 2010 ANNUAL CONFERENCE/SEMINAR SET FOR MARCH 19 AND 20 IN SACRAMENTO.  They plan to be there to demonstrate the AttyXpress Electronic Brief Delivery Service in person and meet as many of you as they can.  Building a Path to the Future . . . .

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CADC'S MCLE LIBRARY

CADC's MCLE Library is now up and running! Our CADC Web site now has MCLE self-study articles available with topics including an introduction to dependency law, a guide to reading and summarizing criminal appellate records, and a checklist for augmentation and rule 8.340 requests – with more articles to come.  There is a $20 charge for each MCLE certified hour.  (You can read the articles for free.)  To access: go to our home pagewww.cadc.net and then click on MCLE Library.
 

CADC SEEKS MEMBER ASSISTANCE IN KEEPING OUR BRIEF BANK UP TO DATE

CADC members are asked to contribute their recent briefs to CADC's brief bank. Recent criminal law briefs should be attached to an e-mail and sent to Conrad Petermann at firm@cpetermann.com. Recent dependency briefs should be sent as an e-mail attachment to Valerie Sopher at vsopher@sbcglobal.net.

The brief bank may be accessed in the "Members Only" section of CADC's Web site at www.cadc.net. Keeping our brief bank constantly updated with new and better arguments makes the CADC brief bank a more valuable tool for all of our members.

Also, in order to improve the quality and effectiveness of the brief bank, CADC is asking its members' help in culling duplicative arguments or arguments which have become stale in light of subsequent case law developments.

For example, any brief bank argument which attacks the ex post facto application of a statute of limitation without discussing Stogner v. California (2003) 123 S.Ct. 2446, or any cruel and unusual punishment attack upon a Three Strikes sentence which fails to mention Ewing v. California (2003) 123 S.Ct. 1179, is no longer viable. Another problem is with duplicative arguments -- e.g., obviously, we do not need multiple copies of standard attacks on CALJIC Nos. 1.23.1, 2.50.1, or 2.90. And occasionally a member may come across a brief bank argument containing a clearly flawed legal analysis. 

If you run across any brief bank argument which appears to suffer from such infirmity, please bring it to the attention of M.K. Cecil, our brief bank clerk. Send an e-mail to M.K. Cecil using the link located on the brief bank screen. Include the title of the argument and a description of the problem.

SUSTAINING MEMBER BENEFIT

One of the benefits of becoming a CADC sustaining member is that this includes admission to CADC's annual seminar at no additional cost. In order to make this benefit more flexible and useful, the CADC Board has voted to amend this benefit to provide that the annual CADC statewide seminar may be attended for free either by the CADC sustaining member or by a person designated by the sustaining CADC member to attend the seminar in his or her stead.

ARE YOU TREATING CADC MESSAGES LIKE SPAM?

We have learned that some CADC members have not been receiving our messages because their spam filters have blocked CADC e-mail announcements. Problems have come up as to some members who use popular Internet services such as AOL, PacBell, Adelphia and Verizon. CADC sends out notices from the following addresses: renewals@mail.cadc.net,  raysilverio@gmail.com, webmaster@cadc.net  and walt@wfkplaw.com.  Messages from these sources should be cherished and read. If you have not been receiving CADC messages from these sources please check and set your spam controls to unblock messages from these e-mail addresses.

CADC WEB SITE INFO

Members should remember that our Web site is the place to indicate changes to your e-mail address and to check on e-mail address changes for fellow members. To make changes to your contact information: Log in to the Member Area, click on My Profile, enter your User Name and Password. At that point you will be able to make any desired changes to your contact information. When you have finished, click Update to save your changes. To obtain the contact information of other members: from the Members area of the Web site, click on Members.

Linda Walker is the person to contact regarding questions and problems about your membership and dues. Also, CADC members who have problems logging on to our Web site should contact our technology guru, Linda. If your problem has to do with the CADC Web site not realizing that you have paid your current membership dues, your inquiry to Linda Walker should include whether you paid by check or credit card and the approximate date of the transaction. Linda can be reached at renewals@mail.cadc.net  or (310) 968-2221.

CADC LISTSERVES

CADC now has six listserves available to our members: Chat, Practice, Criminal Law, Dependency Law, Capital Counsel and New Attorneys. For more information or to sign up for any of CADC's listserves, go to the listserve area of our Web site www.cadc.net.

CADC-SPONSORED MALPRACTICE POLICY

In connection with Complete Equity Markets (CEM), CADC is offering its members a special deal on a custom-tailored malpractice insurance policy.  This policy is relatively inexpensive and is geared toward CADC members who handle some privately-retained cases in addition to their court-appointed appeals. 
     
For a copy of the CADC malpractice insurance policy and an application, call Complete Equity Markets and ask CEM to mail you copies of these materials.  Telephone: 1-800-323-6234.  You can look over the policy and, if you want to obtain coverage, the application takes less than a hour to fill out.  You will get a premium quote within a couple of weeks after submitting  your application.  The premium varies with the percentage of your income derived from non-project appointed cases. 

You can obtain this information – the policy application and a price quote – by going to the Complete Equity Markets Web site at www.cemins.com and clicking on the link to Public Defenders/Assigned Counsel Limited Practice Coverage.  You can submit your application or send CEM an e-mail at that site, with any questions you may have.

Monthly payments and financing for the payment of annual premiums is now available at very low rates. Contact Complete Equity Markets for more information.  If you have any questions regarding this insurance policy contact CADC members Gordon Brownell at gsbrownell@aol.com or (707) 942-4565, or Dave Lampkin at dplampkin@aol.com or (805) 389-7769.

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 BAY AREA

BAY AREA DEPENDENCY APPEALS CHAPTER

CENTRAL COAST CHAPTER

DAVIS APPELLATE DEPENDENCY ATTORNEYS

KLAMATH FALLS CHAPTER

LA SOUTH BAY CHAPTER

LOS ANGELES APPELLATE LAWYERS

MARIN CHAPTER

NEVADA-PLACER COUNTY CHAPTER

NEW MEXICO CHAPTER

PASADENA CHAPTER

REDWOOD EMPIRE APPELLATE LAWYERS [REAL]

SACRAMENTO/DAVIS CHAPTER

For information contact Curt Zimansky at zimansky@cal.net or (916) 446-2884.

SAN DIEGO CHAPTER

SAN JOSE CHAPTER

SANTA CRUZ CHAPTER

VALLEY/VENTURA CHAPTER

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UPCOMING DEFENSE SEMINARS

California Attorneys for Criminal Justice (CACJ) will be presenting its annual Capital Case Defense Seminar on February 12-15 in Monterey. For information contact CACJ at (916) 643-1800.
 . . .

California Public Defenders Association
(CPDA) will be presenting its Winning Strategies for a New Decade Seminar on March 20 at the Koni Kai Resort in San Diego. For information call CPDA at (800) 538-4993.
 . . .

California Attorneys for Criminal Justice (CACJ) will be presenting its Forensic Science & Technology Seminar on March 26-27 at Harrah’s Hotel and Casino, Las Vegas. For information contact CACJ at (916) 643-1800.
.   .   .

California Public Defenders Association
(CPDA) will be presenting its Annual Convention on May 12-15 at the Palm Springs Hilton Hotel. For information call CPDA at (800) 538-4993.
 . . .

California Public Defenders Association
(CPDA) will be presenting its DUI Seminar on June 4 and 5 at the Koni Kai Resort in San Diego. For information call CPDA at (800) 538-4993.

LEGAL RESEARCH AND ASSISTANCE

TABLES OF CONTENTS AND AUTHORITIES. Very fast, scrupulously accurate preparation of tables of contents and authorities for briefs and petitions. WordPerfect only (any version). If you like, I'll correct the citation style as needed (California Style Manual or Bluebook). 24-hour turnaround. $75/hr. Marty Kassman, (415) 564-6732, marty@kassman.com.

EXPERIENCED CRIMINAL POST-CONVICTION ATTORNEY AVAILABLE FOR CONTRACT WORK. Member of the California Bar. 1998 Boalt Hall graduate and California Law Review member/editor with exceptional research and writing skills and significant criminal law experience, including three years as an HCRC staff attorney handling post-conviction death penalty habeas cases, available to provide high quality work on appellate and habeas cases including summarizing transcripts; spotting, developing, researching and writing claims; and editing briefs and writs. Excellent references and writing samples available upon request. Please contact Ellise Nicholson atelliserachel@hotmail.com or (415) 385-5516.
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EXPERIENCED CRIMINAL APPELLATE DEFENSE ATTORNEY SEEKS PART-TIME WORK TO SUPPLEMENT HIS OWN PRACTICE.  My legal researching and  writing skills are superb.  I am a former instructor of Moot Court and Legal Writing at Hastings.  Contact christopherloveesq@earthlink.net.
. . .

TOP NOTCH LEGAL RESEARCHER AND WRITER, a retired attorney, available to serve you.  If you want to outsource work in order to expand your practice or are already overburdened, please contact me.  I can provide you with relief by completing high quality research and writing projects for you.  Contact Michael Friedman at MikeFrdman@aol.com or (510) 758-4045.
 . . .

CRIMINAL DEFENSE AND CONSUMER LAWYER WANTS SUPERVISED WORK TO GAIN EXPERIENCE IN APPELLATE AND/OR HABEAS LAW.  I am a new CADC member.  I have been a member of the Cal Bar since, 1975, doing PI, Criminal Defense and Consumer Law in Marin, Sonoma, SF, and East Bay.  I have done a handful of Federal and State appeals and would like to work under supervision to gain experience doing appellate and/or habeas work.  I have Westlaw and good analytical writing and research skills.  Greg Anton, PO Box 299, Lagunitas, CA 94938; (415) 789-8535; greganton@wildblue.net 
 . . .

SEEKING CRIMINAL APPEAL EXPERIENCE.  Golden Gate University 2001 grad with law and motion and civil appellate experience seeks experience writing criminal appeals.  Availability to assist with research and drafting.  Very reasonable and negotiable fee.  Please contact Jeffrey Ginsberg at ginsberg@briefsandmotions.info. 

  . . .

HASTINGS GRADUATE BASED IN WASHINGTON, D.C. PROVIDES RESEARCH & WRITING SERVICES TO ATTORNEYS, including memos, briefs, and litigation-related archival & public records research. $30/hr or flat fee. Contact Julie Masal at jkmasal@earthlink.net  or (410) 477-0380.
  . . .

SEEKING CRIMINAL APPEAL EXPERIENCE. Boalt Hall Class of ‘97 grad with large law firm experience seeks experience writing criminal appeals. Available immediately to assist with research and drafting. Very reasonable and negotiable rates. Please contact me at cts123@hotmail.com

  . . .

SAN DIEGO/SOUTHERN CALIFORNIA. Writing services. Award winning journalist with JD can help with appeals, background reports, investigations, memoranda. Accurate, prompt, reasonable, cheerful. Contact Richard Acello at (619) 297-1239 or richace@cox.net. 
 . . .

ATTORNEY FOR CRIMINAL APPELLATE WORK. Transcript summary, analysis and research. $30/hour. Contact David Saunders: dsslaw@earthlink.net  or (510) 849-4424.

EXPERIENCED J.D. TO HANDLE CRIMINAL APPEALS. Nine years managing indigent felony appeals program at CAP-Los Angeles. Will provide transcript summary, analysis, research and writing. Also will proof/edit appellate briefs. $45/hour. References and samples available upon request. Contact Robert: repla@pacbell.net or (510) 387-4670.
 . . .

EXPERIENCED CONTRACT ATTORNEY WILL OUTLINE TRIAL RECORDS, DRAFT WELL-CRAFTED STATEMENTS OF FACT.  For the past fifteen years, I have maintained a specialty practice preparing finely-crafted draft Statements of Fact for criminal and dependency appeals. I also provide a meticulous outline of the entire Reporter's Transcript, detailing all testimony of possible relevance, noting every objection, and summarizing proceedings that take place out of the presence of the jury. For the past several years I have worked on a part-time basis with Dennis Riordan and Don Horgan in San Francisco. I've recently expanded my practice, am now also working with two CADC colleagues, and would like to develop a few additional CADC working relationships as well. If I can be of help to you in your appellate practice, please contact me. Joseph Tieger, 925-377-6208 orJT@REACHINGOUT.ORG.

COMPUTER AND SOFTWARE ASSISTANCE

COMPENSATION CLAIM FORM FOR MACINTOSH OR WINDOWS. No other special applications or programs are needed. Send check for $88.00 (including sales tax and postage), along with the following information: name, address, telephone number, Social Security or taxpayer ID number, and state bar number, to Mary McCurdy, 808 Notre Dame Drive, Woodland, CA 95695 ((530) 666-5034). Be sure to specify whether you need the Mac version or the Windows version (and indicate which version of Windows you are using).

BOOKKEEPING

BEST BOOKKEEPING. No time to record your expenses, etc., for tax purposes? Let me take over with Quicken! I provide expert, quality service and charge affordable prices. Susan Stevenson (760) 765-1539 orTheput@aol.com.  


PUBLICATIONS

ATTENTION DEPENDENCY LAWYERS:  California Juvenile Dependency Case Law Updates, 1991-June 2009. Summaries of most dependency cases since 1991 organized by subject. $70.00 for CADC members, public defenders and panel attorneys. Send check with order to: Janet G. Sherwood, Attorney at Law, P.O. Box 778, Corte Madera, CA 94976-0778.


TRANSLATORS

ENGLISH AND THAI translators provide translation and desktop publishing of a wide variety of documents by well qualified individuals. Extensive legal and business translation experience. Please contact Keith & Marisa Ensminger at 209-385-0425 tel, 209-385-3747 fax or visit our web site at www.thailinguist.com. 
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SPANISH/ENGLISH TRANSLATIONS: Correspondence and other written communications translated between Spanish and English. Telephone translations, prison visits with counsel, and fax and e-mail services available. $30/hour. For additional information, please contact Kata Brownell at phone: (707) 942-0799; fax: (707) 942-8520; or e-mail: ksbrownell@aol.com  
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SPANISH TRANSLATOR. Excellent for attorney-client communications, briefs, court orders and other legal documents. Quick turnaround time. Rate: $40/hour (negotiable). Mateo Rosen. Phone: (415) 695-1652; fax: (510) 670-5055 (Attention: M. Rosen); e-mail: mateo.rosen@gmail.com. 
 

 OTHER SERVICES

26+ YEARS CRIMINAL DEFENSE LICENSED P.I. AVAILABLE FOR TYPING TAPE TRANSCRIPTS, i.e., law enforcement/prosecution/defense interviews, dispatch calls, etc. – any choice of format in Word or WP; extensive investigation experience ranging from DUIs to/including 187 PC’s & Death Penalty cases, so very familiar with vernacular, slang, codes; have typed many transcripts for court use in variety of cases; can type other documents in other specialty areas if format is defined; have equipment for video-to-audio transfer; have FedEx account for send/delivery; contact Kalli G. Bolanis, P.O. Box #1961, Joshua Tree, CA 92252; (760) 368-
7486; kgbinvestigate@earthlink.net 
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AV RATED LAWYER AVAILABLE FOR BUSINESS AND CIVIL LITIGATION REFERRALS, INCLUDING PERSONAL INJURY CASES. Charles P. Charlton is a civil litigation lawyer dedicated to providing the highest quality legal representation to consumers and business clients throughout Los Angeles, Orange, Riverside, San Bernardino and San Diego counties as well as many other counties and cities throughout the State of California. Charles P. Charlton, 10100 Santa Monica Blvd., Ste. 300, Los Angeles, CA 90067-4107, (310) 651-9906.

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The CADC Board of Directors encourages member questions and input.  If you have a question or a suggestion for the Board, please contact any of the directors for your region.  Your region is determined by the California appellate district in which your mailing address is located.  The current directors are:

Region One (1st and 6th Districts): Randi Covin, Oakland, (510) 530-8579, rcovin@comcast.net; Jessica Ronco, San Francisco, (415) 846-9871, jronco@yahoo.com; Richard Rubin, Oakland, (510) 339-9552,lawrlr@aol.com;  Laurie Wilmore, Half Moon Bay, (650) 209-4742, LWilmore@rocketmail.com.

Region Two (2nd District): Edward Haggerty, Diamond Bar, (626) 912-5551, ejhaggerty@adelphia.net; Nancy Tetreault, Los Angeles, (310) 832-6233, nltetreault@hotmail.com.

Region Three (3rd and 5th Districts and out-of-state): Teri
Kanefield, Sacramento, (916) 501-8083, tkanefield@aol.com; Curt Zimansky, Sacramento, (916) 446-2884, zimansky@cal.net.

Region Four (4th District): Lizabeth Weis, San Diego, (858) 442-2183, lizabethweis@pacbell.net; Mary Wells, Del Mar, (858) 481-5341, mtc.wells@sbcglobal.net.

In addition to the directors, who are elected by the membership every three years (or whenever there is a vacancy), the Board includes CADC's officers, who are elected annually by the Board.  The officers also welcome ideas and questions from members.

The current officers are:  President, Walt Pyle, Berkeley, (510) 849-4424, walt@wfkplaw.com; Vice-President, Linda Conrad, Davis, (530) 756-9542,
lindajconradlaw@gmail.com; Vice-President, Jeralyn Keller, Pasadena,
(626) 683-1233, jbkeller@pacbell.net; Treasurer, Conrad Petermann, Ojai, (805) 646-9022, firm@cpetermann.com; Secretary, Meredith Fahn, San
Jose, (408) 947-1512, fahn@sbcglobal.net; Newsletter Editor, Martin Kassman, San Francisco, (415) 564-6732, marty@kassman.com; State MCLE Coordinator, Maureen Bodo, San Francisco, (415) 244-5528, mbodo@earthlink.net; Webmaster, Jonathan Berger, Windsor, (707) 206-6649,  jberger@sbcglobal.net

Members also may wish to contact the following persons who fill special roles:  AIDOAC Member, David Stanley, Ashland, OR, (541) 488-7910, dystanley22@mac.com; Annual Retreat Coordinator, Janice Jenkins, Oakland, (510) 532-2668, jjappeals@gmail.com; Court & Project Liaison, Marcia C. Levine, San Francisco, (415) 255-7612, marcia_levine@comcast.net.

Full contact information (including mailing addresses) for everyone named above, as well as for chapter contacts and past presidents, is listed in the CADC Roster.  For more information about the election, qualifications and duties of officers and directors, members can consult the CADC Bylaws.  The Roster and the Bylaws are available to members on our Web site.

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First time members? FILL OUT OUR ONLINE APPLICATION. 

Want to mail in your application the old fashion way?  CLICK HERE. 

Renewing your membership on-line?  It's never been easier!  YOU CAN RENEW HERE.

Renew by postal mail?  CLICK HERE TO FILL, PRINT, AND MAIL!

Note: Before sending the applications by mail, please do not write in the form field boxes. Please TYPE your information in the fields THEN print out the application. This way it's much more legible when processing your application.

*MCLE ACCREDITATION
California Appellate Defense Counsel (CADC) is a State Bar of California MCLE approved provider. CADC certifies that those activities marked with an "*" are deemed approved for MCLE credit in the amount and type specified and in conformance with State Bar's Rules and Regulations. CADC is also a State Bar Criminal Law Advisory Commission/Appellate Law Advisory Commission approved provider. CADC certifies that those activities marked with an "*" are deemed approved for appellate law and/or criminal law specialization credit.  

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