Announcements
Need Your Client Added to the CDCR SB 483 List?
If, during your review of an appellate record, you discover your client has a qualifying Penal Code section 667.5, subdivision (b) enhancement that was imposed or stayed, but the client is not on the CDCR list of potentially eligible defendants that was sent to the superior courts, you can now email the CDCR directly to request they be added to the list.
Email your request and any supporting documentation to the CDCR at cdcr-dai-sb483inquiry@cdcr.ca.gov.
Transition to New Payment Vendor for Claims
Recently, CAPLA received notification of the schedule for this transition. This is a very big move for the Judicial Branch! Starting next week, the JCC will begin the transition to ADP for claims payments. The attached memo explains what we know about the transition at this point, how it is expected to proceed and the expected benefit of switching to ADP. Please check back for further updates next week.
Job Announcement – The California Appellate Project (San Francisco office) is seeking an experienced, motivated and self-driven Executive Director to lead the organization.
CAPSF is a nonprofit corporation serving as a legal resource center for the court appointed counsel who represent indigent persons facing execution in California. They serve the largest population of condemned individuals in the country. CAPSF is funded primarily by a contract with the Judicial Council of California.
CAPSF is seeking a dynamic and experienced leader to oversee our operations, guide our strategic direction, and inspire our team. The ideal candidate will provide visionary leadership and oversight of all aspects of CAPSF including personnel, finances, programs, facilities, and strategic growth and will build strong relationships with key stakeholders like the courts, legal community, and policymakers. More details about CAPSF and the job opening can be found on the CAPSF website. Inquires about the position may be sent to hiring@capsf.org.
IMPORTANT TIP: Before sending a paper record to CAP-LA for a Wende or Delgadillo review
Please check with us to see if we already have an electronic copy. If we do have an electronic copy, you do not need to send the paper copy in for review.
SB 483 Update to CDCR Website
SB 483 UPDATE TO CDCR Website explaining when and how the superior courts were notified of eligible defendants. In response to confusion amongst the superior courts as to how notifications would be sent, the CDCR has clarified this process, which could be helpful to cases on appeal. Learn more here: Senate Bill 483 – Family & Friends Services (ca.gov)
Student Loan Forgiveness under PSLF
The federal Public Service Loan Forgiveness (PSLF) program has implemented new rules about who qualifies for federal student loan forgiveness. Previously, only full-time employees for a non-profit or government agency qualified. Under the new regulations, independent contractors working in a full-time capacity may qualify in certain situations. For more information on the new rule, visit the PSLF information on qualifying employment and expand the FAQ “Am I eligible for PSLF if I’m a contractor?”
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The JCC is willing to certify the number of claimed hours that a panel attorney has billed in a given year. As always we strongly encourage counsel to continue claiming their actual time on claims and avoid self-cutting. The projects hope that theses changes mean that borrowers with federally managed loans may obtain loan forgiveness. Please share your success stories with us!
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Link to PSLF Project Explanation, CAC Program Description and PSLF & TEPSLF JCC Certification Information.
Documentary exhibits must be made part of the Clerk’s Transcript pursuant to Second Appellate District Local Rule 1, subdivision (a)(7)
As follows: “The Clerk’s Transcript shall include all documentary exhibits admitted in evidence, refused, or lodged in the case in the superior court, including copies of any demonstrative exhibits that were shown to the trier of fact if those copies were lodged in the superior court. The demonstrative exhibits to be included in the clerk’s transcript shall include copies of computer slide presentations (such as PowerPoint presentations) that were shown to the trier of fact, whether or not the presentations were marked as exhibits if copies were lodged in the superior court. Each admitted exhibit shall be clearly identified and sequentially numbered.”
Superior Court Changes, beginning November 6, 2023
The court is switching to a new case management system. Under the new system, case “dockets” are no longer available. Instead, public terminals are to be available for use to view and determine which minutes you need. It is not yet clear whether printers will be available for the public or whether, once the dates needed are determined, the clerk will print any needed minute orders. CAP will update as new information is received.
Delgadillo And No-Issues Briefs
The California Supreme Court clarified procedures for appellate review of Penal Code section 1172.6 resentencing appeals where counsel files a no-issues brief. See People v. Delgadillo (2022) 14 Cal.5th 216. The decision is now final and the Second District has declared its preference for Delgadillo briefs instead of Serrano briefs in other no-issues cases. See sample Delgadillo briefs. As always, please contact CAP before filing any no issue brief.
LA County Record Completion Address for Requests
The address for requests for record completion in criminal cases in LA County has changed. Please continue to the “Criminal” page for details.
