Eastern District of California Blog

Got Crawford Confrontation Clause Issues?

UNC School of Government Professor Jessica Smith put out this Crawford Primer (Sept. 2012) as part of her NC judges benchbook series.  It contains a good framework with flow charts on how to deal with Sixth Amendment Confrontation Clause issues under Crawford v. Washington and its progeny. Although it is somewhat tailored to North Carolina state courts, I'm linking to it here because it is based on general Confrontation Clause principles and should serve as a useful guide for federal court practicioners too.  

Also helpful are the Crawford materials available at fd.org here.

Nuts & Bolts Guide To Federal Rule Of Criminal Procedure 29

Here's the latest version of my Nuts & Bolts Guide To Federal Rule of Criminal Procedure 29 for criminal defense attorneys practicing in the Ninth Circuit. 

For those outside the Ninth Circuit, here's a Nuts & Bolts Guide to Rule 29 (National Edition) with less emphasis on Ninth Circuit law and more cites from other circuits.

Realignment Seminar--U.C. Davis Law School, March 16

You can register here for the State Bar Criminal Law's Section Realignment Seminar at the U.C. Davis School of Law on March 16, 2013, 9-11:30 a.m.  From the summary below, it looks worthwhile for all California defense attorneys:

Realignment, the New Prop 36 and other Criminal Law Sentencing Changes. California sentencing laws have changed dramatically since 2011 with the enactment of AB109 and passage of the New Prop 36 which affects Three Strike Cases.  Learn what the changes are and the different sentencing options, including the changes in custody credit and the split/two tiered sentence provisions.

Featured speaker is Judge (Ret) Richard Couzens who will discuss the application of these new sentencing provisions, as well as the court cases which have defined and interpreted the changes. Judge Couzens is responsible for training bench officers throughout the state on these topics and regularly presents to defense and prosecuting organizations.

Got Federal Sentencing Guideline Issues?

Don't go to the U.S. Sentencing Commission's website for help, at least until it's up and running again after Anonymous hacked it-twice.  While it was still operating, the Commission's series of guideline primers, such as this Drug Primer, was a useful starting point for learning the basics of sentencing guideline issues.

More helpful for defense attorneys is the Sentencing Resources page at fd.org, including its excellent deconstructing the guidelines series. 

Also don't miss E.D.N.Y. District Judge John Gleeson's "Memorandum Explaining a Policy Disagreement with the Drug Trafficking Guideline" in U.S. v. Diaz and N.D. Iowa District Judge Mark W. Bennett's opinion deconstructing the career offender guideline in U.S. v. Newhouse.  Prof. Berman's Sentencing Law & Policy Blog has summaries,  Diaz here and Newhouse here, calling the opinions "instant classics."

New UC Davis Law School Clinic Focuses On California Supreme Court Litigation

California criminal defense (and other) attorneys should consider a new U.C. Davis Law School clinic run by former U.S. Supreme Court clerk Aimee Feinberg as a valuable resource when litigating before the California Supreme Court.  The U.C. Davis California Supreme Court Clinic will represent individuals and organizations at both the petition for review and merits stages.  The clinic can offer pro bono assistance in appropriate cases with preparing petitions for review, answers to petitions, merits briefs, and amicus briefs.  Attorneys can reach Aimee at her office number (530-752-1691) or at [email protected].    

Here's a description of the clinic from the 9/11/12 Sacramento Bee,

At the helm of the newest clinic is the impressively credentialed and highly motivated Aimee Feinberg, who is the clinic's director and professor.

Some law schools in California and other states have similar programs that focus on the U.S. Supreme Court but none is devoted to a state high court.

Under Feinberg's direction, the students will provide pro bono representation to individuals and organizations in both criminal and civil matters pending before court. The class will enter a case either as co-counsel to a party or as an amicus curiae, or "friend of the court."

In a recent interview, Feinberg said the students "will study the court as an institution," exploring procedures, examining advocacy to determine which approaches have been historically effective, and meeting with seasoned practitioners before the court. They will not study the seven justices as individual personalities, she said.

"It's really a small, pro bono law firm," Feinberg said of the class. "We will represent those who may not otherwise have access to specialized appellate counsel."

September 2012 Update To Federal Search & Seizure Outline Now Out

From the Ninth Circuit Blog, the September 2012 update to Portland Chief Deputy Federal Public Defender Steve Sady's "Developments in Federal Search and Seizure Law" is available here.  A valuable resource for federal criminal defense attorneys.

New BOP Litigation Guide

Bureau of Prisons litigation guru Steve Sady and the Oregon Federal Public Defender have put out a useful, new guide to litigating BOP issues, here.  The guide includes sections on the Second Chance Act, the RDAP 500-hour drug program, custody credit issues, and halfway houses.  For future reference, I'm adding it to the list of federal criminal law resources at the right side of my blog.

Fed. R. Crim. P. 29 Motions For Acquittal: A Nuts & Bolts Guide For Defense Attorneys

I've updated here the Ninth Circuit version of my Nuts & Bolts Guide To Fed. R. Crim. P. 29 Motions for Acquittal For Defense Attorneys. 

For those outside the Ninth Circuit, here is a national edition of the same with more cites from other circuits:  Nuts & Bolts Guide To Fed. R. Crim. P. 29 Motions--National Edition.  An earlier version was published in "The Champion," the monthly magazine of the National Association of Criminal Defense Attorneys. 

Which EDCA Attorney Followed Richard Pryor With Martin Luther King, Jr. In Closing Argument?

Which EDCA defense attorney quoted Richard Pryor, Dr. Martin Luther King, Jr., U.S. Supreme Court Justice Potter Stewart, and some guy named Terrence from 1063 B.C. (I think he just made this one up) on the meaning of "justice" in this closing argument?  See "Justice" Closing Argument.  Answer in comments to this post later this week.

In case you hadn't noticed, I made some small changes to my blog.  I moved the archives section to the left side and put in a new section entitled Federal Criminal Law Resources on the bottom right.  This new section includes links to Steve Sady's Search & Seizure Outline and the ABA's article on the collateral consequences of criminal convictions under federal law.  It also contains a link to the excellent fd.org page on training materials and other publications. 

Also check out attorney Mark Reichel's piece at his EasternDistrictBlog.com, 12/16/10 on the right to refuse to give law enforcement the password for a computer, cellphone, safe, etc. under the Fifth Amendment privilege against self-incrimination.

New Criminal Defense Resources Available Online

In case you missed them, Portland Chief AFD Steve Sady has posted an excellent, updated Search and Seizure Outline available at the District of Oregon's Federal Defender website: Search & Seizure Updated 10/09 Outline.

Those with a defendant facing an aggravated identity theft charge should take a look at the Federal Defenders of Eastern Washington and Idaho's post on the topic, Understanding Aggravated Identity Theft, which includes a link to a FD training seminar outline with cases through June 2008.   

And, www.fd.org has a September 2009, 84-page outline on available departures and variances: FD.Org Departures & Variances Outline.