The Criminal Docket


 February 2011                           Criminal Docket Archive

Volume IV, Number 1   

A Message from the Chair

To our Criminal Justice Section members and other interested parties:

Please SAVE THESE DATES for some important upcoming CRIMINAL JUSTICE SECTION events, such as our annual AWARDS DINNER (5/10/2011) and our next CLE Program, featuring the CHARLES MANSON murders (4/14/2011). At the Awards Dinner we will be honoring the Judge of the Year, Hon. Peter Espinoza, Prosecutor of the Year, U.S. Attorney Andre Birotte, Defense Attorney of the Year, Deputy Public Defender Nan Whitfield and the Career Achievement Awardee, Chief Deputy Public Defender Bob Kalunian.Flyers will be sent soon via a separate email.

URGENT: Please attend and support our LACBA DOMESTIC VIOLENCE PROJECT RECEPTION on 3/3/2011 at 6:00 pm at the Biltmore Hotel. This Project, which is celebrating its 25th Anniversary, provided free legal assistance to over 10,000 persons affected by domestic violence this last year alone. THE DV PROJECT NEEDS YOUR HELP! The demand for the Project's valuable services keeps growing rapidly but the funds available to pay for these services has been shrinking. I would appreciate it if you would consider supporting this Project through your attendance at the Reception and through your financial tax deductible contributions. Those of you who know of organizations and/or individuals who might be interested in supporting this life-saving Project, please forward this email to them and refer them to the LACBA website at for more information regarding the Project and its services.

The following is one of the many stories of those helped by the DV Project:

Amelia came to DVP unaware of the legal protections she was provided under the law. Her husband had been arrested for domestic violence, but she was unsure of her rights and where to turn for help. The only thing Amelia knew was that the abuse had gotten worse after his arrest, and when he was really mad, he threw her bedding onto the front lawn and forced her to sleep outside. With little understanding of the judicial system, Amelia feared she had no recourse because she was no safer than before the arrest. A DVP attorney volunteer assisted Amelia. The attorney explained that her husband took a "no contest" in the charge and was sentenced to time served and probation. The terms of his probation included taking 52 Domestic Violence classes, which he didn't take, and a Criminal Protective Order preventing him from returning home. Her husband was in violation of his probation. Amelia left DVP armed with a copy of her Criminal Protection Order and the information necessary for her to enforce the move-out provision.

This is just one of the more than 10,000 stories of domestic violence heard at the Domestic Violence Project from men, women and children in 2010. We need your help to continue to make this service available to victims and their children, the community, and the Los Angeles County Superior Court. For more information about this event, please click HERE.

If you have any questions, you may call me at 310-419-5170 or email me at Thank you so much!

Bea Dieringer
Chair, Criminal Justice Section


Scheduled Events

Thursday, March 3, 2011 (6:00 pm-8:00 pm): Domestic Violence Project 25th Anniversary Celebration
Since its founding in 1986, the Domestic Violence Project has helped more than 100,000 victims navigate the legal system at a critical point in their lives. On March 3, the (DVP) will hold a reception to celebrate 25 years of providing legal assistance to victims of domestic violence and their families. Many victims are referred to DVP by law enforcement, shelters and social workers, while others are driven by their personal desire for help. Our DVP staff and attorney volunteers assist victims at the Stanley Mosk Courthouse in downtown Los Angeles and at the Pasadena Courthouse in obtaining Temporary Restraining Orders, preparing for Judicial Preparation Hearings and understanding their legal rights.

Thursday, March 22, 2011 (6:30 pm-9:00 pm): New Member Orientation Reception
The eighteenth annual New Member Orientation and Reception, sponsored by the Barristers of the Los Angeles County Bar Association, has been scheduled for March 22, 2011. This reception, which includes newly admitted lawyers and new LACBA members will be held at the Omni Hotel at 251 S. Olive Street. The reception is complimentary for new admittees and new members in an effort to promote membership and involvement in LACBA. Representatives of the Criminal Justice Section will be there at the CJS Table to provide these newly admitted lawyers and new LACBA members with information and a free first year membership in the Section if they sign up at our table. If you know any new admittees/LACBA members, please spread the word!

In This Issue

One Minute Briefs from L.A. County District Attorney:

February 7, 2011: For Miranda purposes, what is the effect of the fact that the suspect was released from custody before being interrogated, or was only taken into custody after being interrogated?

December 13, 2010: Summaries of some new legislation for 2011 affecting law enforcement and prosecutions are provided below. The full text of the statutes should be consulted for application.


Ninth Circuit Reports

September 4, 2010
September 1, 2010
August 31, 2010

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