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The Sixth Annual Pacific Juvenile Defender Roundtable Loyola Law School November 20, 2009

The Sixth Annual Pacific Juvenile Defender Roundtable Loyola Law School November 20, 2009. Law and Motion Presentation by Arthur L. Bowie, Supervising Assistant Public Defender Office of the Public Defender—Juvenile Division Sacramento County. Advocate.

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The Sixth Annual Pacific Juvenile Defender Roundtable Loyola Law School November 20, 2009

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  1. The Sixth Annual Pacific Juvenile Defender RoundtableLoyola Law SchoolNovember 20, 2009 Law and Motion Presentation by Arthur L. Bowie, Supervising Assistant Public Defender Office of the Public Defender—Juvenile Division Sacramento County

  2. Advocate • AOC Effective Representation of Children in Juvenile Delinquency Court Pamphlet • First and foremost, the child’s counsel defends the child against the charged allegations… • Counsel is the child’s voice in court. Zealous representation includes: • Appearing in court for all dates, including postdispositional hearings and reviews. • Reviewing all reports and setting hearings when court action is needed. • Preparing motions and trial briefs as appropriate.

  3. Why Law and Motion • Sets the tone of the case. • Tells your adversary who you are. • Helps tell your client’s “story”. • Preserves the issues for appeal. • To inflict maximum pain to our adversary.

  4. Defense Motions Demurrer (P. v. Hale (1965) 232 CA2d 112, 120; PC 1003-1004; CCP 472a) Disqualification of a judge (CCP 170.1, 170.6). Minor’s need regarding mental or medical health treatment (WI 705, 741, 5150, 6550-6552; CRC 5.645) . Request for hearing on need for a support person’s presence during victim’s testimony (WI 676(a); PC 868.5(a); CRC 5.530). For judgment of acquittal (WI 701.1). Regarding courtroom security, minor’s custody status and appearance (Tiffany A. v. Superior Court (2007) 150 CA4th 1344). Allowing minor to show certain physical characteristics without testifying (U.S. v. Bay (9th Cir.) 762 F2d 1314, 1315; P. v. Perez (1989) 216 CA3d 1346, 1352). Force prosecutor to elect specific incident that supports charge (P. v. Burnett (1999) 71 CA4th 151, 165; People v. Salvato (1991) 234 CA3d 872, 879). Close trial to the press and public during all or part of juvenile proceedings (WI 676). For an interpreter to interpret for the minor exclusively (EC 750, 751, 754(b); P. v. Menchaca (1983) 146 CA3d 1019, 1023). Advocate: Law and Motion

  5. Dismiss because immigration authorities deported a witness who would have provided material testimony favorable to the defense (P. v. Valencia (1990) 218 CA3d 808, 825; U.S. v. Valenzuela-Bernal (1982) 458 US 858, 873, 73 LEd2d 1193, 1206). Special juvenile immigrant status (Section 153 of the Immigration Act of 1990; 8 U.S.C. 1101(a)(27)(J)(i); 8 C.F.R. 204.11(a); also see Immigrant Legal Resource Center, Immigration Benchbook for Juvenile and Family Courts, Chs. 2, 5, and 7). Dismiss because of prosecutor’s unlawful suppression of exculpatory evidence (Brady v. Maryland (1963) 373 US 83, 87; P. v. Robinson (1995) 31 CA4th 494, 498). Witness incompetent to testify because of inability to understand the duty to tell the truth, e.g., because of age, mental illness, or influence of drugs or alcohol (EC 701(a)(2)). Striking witness’s testimony because counsel was deprived of the right to cross-examine the witness (P. v. Miller (1990) 50 C3d 954, 999; Fost v. Superior Court (2000) 80 CA4th 724, 735-736). Advocate: Law and Motion

  6. Admit new or novel scientific evidence (P. v. Leahy (1994) 8 C4th 587, 598; P. v. Kelly (1976) 17 C3d 24, 30). Contempt (CCP 1209 et seq.). Continuance motion (WI 682). Discovery motion, generally and when reasons arise during trial (CRC 5.546; Robert S. v. Superior Court (1992) 9 CA4th 1417, 1421-1422). Motion for sanctions under the rules of court for noncompliance with discovery procedures (CRC 5.546(j); In re Jesus J. (1995) 32 CA4th 1057, 1060. Motion for confidential juvenile records (WI 827). Dismiss (WI 782). Examination of minor’s mental competence, even when reasons arise during trial (CRC 5.645(d)). Exclude witnesses from the courtroom (EC 777). Severance motion (WI 675; CRC 5.575). Standard evidentiary objections, such as privilege or calls for narrative response, etc. Motion to obtain privileged psychiatric records, Hammon-Reber motion (P. v. Hammon (1997) 15 C4th 1117, 1127; P. v. Reber (1986) 117 CA3d 523). Advocate: Law and Motion

  7. Test veracity of testimony concerning witness observation (P. v. Fudge (1994) 7 C4th 1075, 1104). For trier of fact to view the scene (i.e., PC 1119). Admit demonstrative evidence. Admit reenactment of crime. Exclude members of the media from the courtroom (WI 676; CRC 5.530(e); San Bernardino County Dep’t of Public Soc. Servs.v. Superior Court (1991) 232 CA3d 188, 207-208; KGTV Channel 10 v. Superior Court (1994) 26 CA4th 1673, 1684). Allow counsel’s in-court use of personal tape recorder for trial notes (CRC 1.150(d)). For special security measures, such as metal detector screening and full body pat searches (See Gibson v. Superior Court (1982) 135 CA3d 774, 783; Holbrook v. Flynn (1986) 475 US 560, 89 LEd2d 525, 533; P. v. Ainsworth (1988) 45 C3d 984, 1003). For mistrial (Rhinehart v. Municipal Court (2006) 141 CA4th 767, 775. Evans motion/line-up motion (Evans v. Superior Court (1974) 11 C3d 617). Motion to return seized property. Advocate: Law and Motion

  8. Hobbs motion to unseal search warrant affidavit (Hobbs v. Municipal Court (1991) 233 CA3d 670, disapproved on other grounds). Luttenberger motion to disclose the identify of an informant (P. v. Luttenberger (1990) 50 C3d 1, 21). Judicial notice (EC 451, 452). Motion to modify probation conditions (WI 775-776). Motion to terminate probation (WI 778). Murgia motion re discriminatory prosecution (Murgia v. Municipal Court (1975) 15 C3d 286, 291). Motion to join governmental agencies (WI 727(a)). Motion to strike (EC 766). Motion to quash subpoenas (CCP 1987.1). Motions to vacate or to set aside. Pitchess motion (EC 1043). Request for the appointment of counsel (WI 633, 634; CRC 5.534(g) and (h) Self representation (CRC 5.534(h)(2)(A)). Motion to recall ward from DJF (WI 731.1). Motion to modify DJF commitment (WI 779). Motion to seal juvenile records (WI 781). Etc., etc., etc. Advocate: Law and Motion

  9. Motions to Exclude Suppression of evidence (WI 700.1). Discovery violations (CRC 5.546—PC 1054 et seq. does not apply in juvenile court except under certain circumstances—standing order). Trombetta-Youngblood motion—failure to preserve favorable evidence (Arizona v. Youngblood (1988) 488 US 51, 58, 102 LEd2d 281; CA v. Trombetta (1984) 467 US 479, 488, 81 LEd2d 413 Immunity for the minor or defense witness . Confession or admission illegally obtained, i.e., Miranda motion, voluntariness motion (WI 701). Prior bad acts by the minor (EC 785-788). Prior similar conduct by the minor (EC 1101-1105, 1108-1109). Witness priors (EC 785-788). Unnecessarily gruesome and inflammatory photos (EC 352). Tainted ID of the minor (P. v. James (1976) 56 CA3d 876.) Speculative testimony. Improper use of former testimony (EC 1290-1293). Fifth Amendment rights of witness. Advocate: Law and Motion

  10. Advocate: Be Creative There are those who look at things the way they are, and ask why... I dream of things that never were, and ask why not? Robert Kennedy

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