Category: News
Sonoma Co. Defenders Build Strong Partnerships
On December 4, 2015, Sonoma County defenders gathered to participate in a PJDC/First District Appellate Project workshop in Santa Rosa, “Juvenile Delinquency Appeals: FAQs for Juvenile Court Defenders.” This was the ninth such workshop held in the First District, designed to establish strong and lasting partnerships among appellate and line defenders and to better shape …
Fourth District Grants Habeas Relief for Minors Detained Without Showing of Urgent Necessity.
In a published opinion in In re Bianca S., D068942, the Fourth District granted habeas relief for minors detained in juvenile hall while awaiting proceedings to declare them wards of the court.
In this case, two 13-year-old girls were dependents of the juvenile court. At a residential placement, they knocked over a vending machine and …
Upcoming Training on November 19 in Oakland, Ca: Miller v. Alabama “Children Are Different”
The Pacific Juvenile Defender Center and The First District Appellate Project Invite You To A Free Brown Bag Lunch Featuring:
Miller v. Alabama “Children Are Different” Applications to Delinquency Appeals
November, 19, 2015 from 12:00 – 1:30 PM.
Please see below flyer for more details.
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First District Holds Dependent’s Self-directed Activities Satisfies Section 11403 Requirement for Financial Support
In a published opinion in In re R.G., A144684, the First District held that a nonminor dependent’s self-directed activities to obtain employment qualified for AB 12 support. Under Section 11403, a nonminor dependent is entitled to financial support if the dependent “is participating in a program or activity designed to promote, or remove barriers to …
First District Holds Probation Condition Requiring Client To Turn Over Social Media Passwords is Overbroad
First District Holds Electronic Probation Condition is Overbroad.
In the published opinion of In re Malik J., A143355, the First District held that a probation condition imposed by the delinquency court that required the minor to provide all social media passwords and submit to searches of electronic devices was overbroad. In this case, the client …
California Governor Jerry Brown has signed AB 703: Juvenile Defender Training Bill!!
California Governor Jerry Brown has signed AB 703 (Bloom) by Governor Brown, recognizing the important role of juvenile defenders and clarifying their ethical duties. It makes clear that defenders are to represent the minor’s expressed interests, honor the duty of confidentiality with the client, maintain meaningful contact with the client, consult with social workers and …
SB 382 Clarifying Fitness Factors Has Passed
SB 382 clarifies the existing five factors considered by judges at fitness hearings in determining whether a youth should be tried in juvenile or adult court by enumerating the Roper/Graham/Miller/JDB findings that youth matters. It makes clear that judges may consider more comprehensive information about the young person than just the seriousness of the crime …
Cal. Sup. Ct. Scrutinizes Proof of Gangs
Juvenile Offenders Whose Offense Is Reduced Per Prop 47 Are Entitled To DNA Expungement
The Fourth District Court of Appeal published on July 23, 2015 Alejandro N. v. Superior Court, D067445, holding (1) that Prop 47 applies to 602s, and (2) that juvenile offenders whose offense is reduced per Prop 47 are entitled to DNA expungement.
Congratulations to trial and appellate counsel Maryann Kotler in the San Diego PD’s …
First District Holds Reid Techniques Rendered Youth’s Confession Involuntary
In a published opinion in In re Elias V., A140263, the First District held that the ubiquitous Inbau and Reid techniques of “maximization” and “minimization,” as applied to the 13-year-old interrogated at school, rendered his confession involuntary.
This lengthy (36 page) scholarly opinion, critical of these techniques because it is now well established that …