Criminal Appeal

Features post-conviction practice issues in the 9th Circuit and the state courts in California.

Author: Contributors are: Jonathan Soglin, Jeremy Price and Michael Romano are all lawyers in San Francisco.

Blawg Related Categories: Appellate Practice • Criminal Justice • Criminal Procedure • 9th Circuit Court • States • California

Recent Posts from Criminal Appeal

2254(d) "Contrary To" Prong Explicated
Last week, in Frantz v. Hazey, no. 05-16024 (9th Cir., Jan. 22, 2008) an en banc Ninth Circuit panel clarified how a federal habeas court is to proceed when it finds that a state court…
Ninth Circuit Takes First Step Toward Electronic Filing
Last week, the Ninth Circuit announced that it is beginning implementation of an electronic case management and electronic case filing system (CM/ECF). For now, counsel and parties can elect to receive email notification of docket…
Denial of Motion to Withdraw Faretta Waiver Structural Error
In a serious drug prosecution, the defendant asserted his Sixth Amendment right to represent himself pursuant to Faretta v. California (1975) 422 U.S. 806. During jury selection he changed his mind and asked the trial…
At NGI Extended Commitment Trials Jurors Must Be Instructed On The Issue Of Whether The Person Has Serious Difficulty Controlling Dangerous Behavior
In In re Howard N. (2005) 35 Cal.4th 117, the California Supreme Court held that in order to comport with federal due process principles the extended commitment scheme for minor wards (Welf. & Inst. Code,…
Words May Constitute Sufficient Provocation To Reduce Murder To Manslaughter
In a murder prosecution, the trial court instructed the jury pursuant to CALCRIM no. 917 that mere words cannot establish a defense to battery. In addition, the court allowed the prosecutor to argue to the…
SVP Recommitments and Indeterminate Terms, Take 2
As noted in a previous post, two California appellate courts recently concluded that individuals subject to two-year sexually violent predator (SVP) civil commitments at the time the electorate passed Prop 83 can face the prospect…
Traffic Stops and Temporary Operating Permits
A police officer initiated a traffic stop because the vehicle he observed had expired registration tags on its license plates. The officer subsequently discovered drugs in the vehicle and arrested the driver. The driver then…
Introduction Of Deceased Victim's Hearsay Statement Merits Reversal Of Manslaughter Conviction
California Evidence Code section 1370 creates an exception to the hearsay rule that permits the introduction of an unavailable witness' statement to a medical professional "made at or near the time of the infliction or…
Did Prop 83 Eliminate The SVP Extended Commitment Scheme?
In November 2006, the voters enacted Prop 83, which substantially amended the state's sexually violent predator (SVP) civil commitment law, which had also recently been amended by the Legislature in September 2006. Under the old…
Cal. Supreme Court Vacates Death Sentence On Faretta Grounds
In between the guilt and penalty phases of a capital murder trial, the defendant brought a Faretta motion to represent himself at the penalty phase. Although the trial court had found the defendant competent to…