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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AOC Effective Representation of Children in
Juvenile Delinquency Court Pamphlet
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First and foremost, the child’s counsel defends the
child against the charged allegations…
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Counsel is the child’s voice in court. Zealous representation
includes:
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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.
Why Law and Motion
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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.
Advocate: Law and Motion
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Defense Motions
 Demurrer (P. v. Hale (1965)
232 CA2d 112, 120; PC 10031004; CCP 472a)
 Disqualification of a judge
(CCP 170.1, 170.6).
 Minor’s need regarding mental
or medical health treatment
(WI 705, 741, 5150, 65506552; 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).
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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
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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;
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U.S. v. Valenzuela-Bernal
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(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).
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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
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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).
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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, HammonReber motion (P. v. Hammon
(1997) 15 C4th 1117, 1127; P.
v. Reber (1986) 117 CA3d
523).
Advocate: Law and Motion
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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
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CA4th 1673, 1684).
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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
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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)).
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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
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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).
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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).
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Prior bad acts by the minor
(EC 785-788).
Prior similar conduct by the
minor (EC 1101-1105, 11081109).
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: 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