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APPEALS HANDLED BY MARTIN KASSMAN
(in reverse chronological order, by filing date of primary brief)
This table does not reflect all of my appellate litigation experience. It includes only appeals and appellate writ proceedings in which I was solely or primarily responsible for the client's representation and filed at least one substantive brief. Where the case title is hyperlinked, one or more of my briefs in the case is posted on this site; click on the link to go to the Briefs page.
|
Date Primary Brief Filed, Type of Brief(1) |
My Client(2) |
Case Title, Number (Court)(3) |
Major Issue(s) on Appeal | Oral Argument Date | Relief Sought for My Client | Outcome, Date of Opinion or Order (Citation, if Published); Significant Subsequent History |
|---|---|---|---|---|---|---|
| Jan. 8, 2010, MP | Thomas Kirkland (FDAP) | Kirkland v. Court of Appeal, S179312 (Cal.) | Denial of request for supplemental briefing | Order to Court of Appeal to allow supplemental briefing | ||
| Dec. 4, 2009, AOB | Jameica Hatch (FDAP) | People v. Hatch, A124347 (DCA 1/2) | Illegal arrest | Reversal of conviction | ||
| Sept. 9, 2009, RB | Henry Wandario (ADI) | People v. Wandario, G041114 (DCA 4/3) | Insufficient evidence | Affirmance | ||
| Aug. 24, 2009, RB | Carlos Rios (ADI) | In re Rios, E047494 (DCA 4/2) | Whether prison discipline was supported by evidence | None | Affirmance | Reversed, Dec. 21, 2009 |
| Aug. 3, 2009, AOB | Martin Jimenez (ADI) | People v. Jimenez, E046927 (DCA 4/2) | Ineffective assistance of counsel | Reversal of conviction | ||
| July 15, 2009, AOB | Thomas Kirkland (FDAP) | People v. Kirkland, A121198 (DCA 1/1) | Insufficient evidence; refusal to instruct jury on lesser included offense | Jan. 12, 2010 | Reversal of conviction | |
| Jan. 20, 2009, RB | Tanya Felicia Taylor (ADI) | People v. Taylor, E046225 (DCA 4/2) | Abuse of discretion in sentencing | June 30, 2009 | Affirmance | Reversed, July 31, 2009 |
| Dec. 12, 2008, AOB | Willard Mitchell (ADI) | People v. Mitchell, D052970 (DCA 4/1) | Insufficient evidence | Sept. 15, 2009 | Reversal of conviction | Affirmed, Sept. 25, 2009 |
| Dec. 8, 2008, AOB | Robert Glen Daniel Ray (ADI) | People v. Ray, E045501 (DCA 4/2) | Insufficient evidence re Three Strikes Law prior | Aug. 4, 2009 | Reversal of Three Strikes Law finding | Affirmed, Aug. 14, 2009 |
| Dec. 1, 2008, AOB | Andrew Bamberg (FDAP) | People v. Bamberg, A120767 (DCA 1/3) | Insufficient evidence | June 24, 2009 | Reversal of conviction on 2 counts | Affirmed, June 30, 2009 (175 Cal.App.4th 618) |
| Aug. 18, 2008, AOB | Derion Davon Lee (ADI) | People v. Lee, E044943 (DCA 4/2) | Failure to instruct jury on lesser included offense | June 2, 2009 | Reversal of conviction on 1 count | Affirmed, June 16, 2009 |
| May 1, 2008, AOB | Pablo Perez (ADI) | People v. Perez, E043078 (DCA 4/2) | Stay of punishment (Pen. Code, § 654) | None | Modification of sentence | Sentence modified, Nov. 18, 2008 |
| Mar. 28, 2008, AOB | Dawn Quang Tran (SDAP) | People v. Tran, H031976 (DCA 6) | Insufficient evidence; violation of right to jury trial | None | Reversal of commitment extension | Affirmed, Jan. 28, 2009 |
| Feb. 19, 2008, AOB | Melvin Fisher (ADI) | People v. Fisher, E043073 (DCA 4/2) | Stay of punishment (Pen. Code, § 654) | None | Modification of sentence | Sentence modified, Oct. 23, 2008 |
| Jan. 17, 2008, AOB | Luis L. Madrid (FDAP) | People v. Madrid, A118033 (DCA 1/5) | Illegal detention | Oct. 7, 2008 | Reversal of conviction | Reversed, Nov. 26, 2008 (168 Cal.App.4th 1050) |
| Oct. 12, 2007, AOB | Courage B. Evans (ADI) | People v. Evans, E041256 (DCA 4/2) | Insufficient evidence | None | Reversal of conviction on 1 count | Affirmed, Mar. 13, 2008 |
| July 11, 2007, AOB | Mose Weatherspoon, Jr. (ADI) | People v. Weatherspoon, E041115 (DCA 4/2) | Race discrimination in peremptory challenges | Jan. 8, 2008 | Reversal of conviction | Affirmed, Jan. 30, 2008 |
| May 31, 2007, AOB | Andrew Gaines (FDAP) | People v. Gaines, A114911 (DCA 1/1) | Enhancement not proven or admitted | None | Modification of sentence | Affirmed, Aug. 23, 2007 |
| May 14, 2007, AOB | Zeferino Ramirez (ADI) | People v. Ramirez, D049922 (DCA 4/1) | Illegal detention and search | Dec. 12, 2007 | Reversal of conviction | Reversed, Dec. 19, 2007 |
| Nov. 15, 2006, AOB | Vincent Johnson (SDAP) | People v. Johnson, H030142 (DCA 6) | Entitlement to presentence conduct credits between reversal and resentencing | None | Remand for resentencing | Affirmed, June 28, 2007 |
| Aug. 22, 2006, PFR | R.N.R. Oils, Inc. et al. | R.N.R. Oils, Inc. v. BP West Coast Products, LLC, S145992 (Cal.) | Interpretation of statute re sale of service stations (Bus. & Prof. Code, § 20999.25) | N/A | Review of Court of Appeal decision | Denied, Oct. 11, 2006 |
| June 14, 2006, AOB | Henry Nguyen (SDAP) | People v. Nguyen, H029217 (DCA 6) | Stay of punishment (Pen. Code, § 654) | Apr. 19, 2007 | Modification of sentence | Affirmed, Apr. 25, 2007 |
| May 15, 2006, PFR | Michael Bacon et al. | Bacon v. Renard, S143401 (Cal.) | Scope of appellate review after default judgment | N/A | Review of Court of Appeal decision | Denied, June 28, 2006 |
| Dec. 19, 2005, AOB | Martin Mesa (FDAP) | People v. Mesa, A109157 (DCA 1/3) | Eligibility for probation | Sept. 27, 2006 | Remand for resentencing | Remanded for resentencing, Oct. 19, 2006 |
| Mar. 14, 2005, AOB | Vincent Johnson (SDAP) | People v. Johnson, H027687 (DCA 6) | Denial of spouse's privilege not to testify | Nov. 15, 2005 | Reversal of conviction; modification of sentence | Conviction affirmed, remanded for partial retrial, Nov. 17, 2005 |
| Feb. 22, 2005, AOB | Ann Tran (ADI) | People v. Nguyen, G034250 (DCA 4/3) | Insufficient evidence | Nov. 22, 2005 | Reversal of conviction | Affirmed, Dec. 8, 2005 |
| Apr. 22, 2004, AOB | Peter Esquibel (CAP-LA) | People v. Esquibel, B165767 (DCA 2/8) | Violation of right to public trial | Sept. 27, 2004 | Reversal of conviction; modification of sentence | Conviction affirmed, sentence modified, Aug. 29, 2008 (166 Cal.App.4th 539) |
| Feb. 17, 2004, AOB | Donald Samson (FDAP) | People v. Samson, A102394 (DCA 1/1) | Illegal search under parole condition | July 7, 2004 | Reversal of conviction; modification of sentence | Conviction affirmed, sentence modified, Oct. 14, 2004; affirmed, Samson v. California, June 19, 2006 (SCOTUS; 547 U.S. 843) |
| May 6, 2003, AOB | Rey Quintero (CAP-LA) | People v. Quintero, B160403 (DCA 2/1) | Admission of evidence more prejudicial than probative | Nov. 18, 2003 | Reversal of conviction; modification of sentence | Conviction affirmed, sentence modified, Nov. 21, 2003 |
| Nov. 4, 2002, AOB | Pablo N. Torres (FDAP) | People v. Torres, A097339 (DCA 1/3) | Insufficient evidence | None | Reversal or modification of conviction on 1 count | Affirmed, Mar. 27, 2003 |
| May 24, 2002, AOB | David J. Arenz (CAP-LA) | People v. Arenz, B152076 (DCA 2/7) | Insufficient evidence | Feb. 6, 2003 | Reversal of conviction | Affirmed, Mar. 10, 2003 |
| Jan. 29, 2002, AOB | Jermaine N. Beasley (CAP-LA) | People v. Beasley, B152073 (DCA 2/8) | Insufficient evidence; statute of limitations | Dec. 17, 2002 | Reversal or modification of conviction on 10 counts | Reversed or modified on 9 counts, otherwise affirmed, Jan. 30, 2003 (105 Cal.App.4th 1078) |
| Oct. 12, 2001, AOB | Ardis G. Burns (CAP-LA) | People v. Burns, B149550 (DCA 2/3) | Excluded evidence; erroneous conviction on 2 identical counts | Apr. 16, 2002 | Reversal of conviction | Affirmed, May 16, 2002 |
| Jan. 16, 2001, HC | Miguel A. Lugo (CAP-LA) | In re Lugo, B147111 (DCA 2/7) | Ineffective assistance of counsel | June 4, 2001 | Vacation of judgment | Denied, June 26, 2001 |
| Dec. 4, 2000, AOB | Javier O. Quinteros (CAP-LA) | People v. Quinteros, B141181 (DCA 2/6) | Ineffective assistance of counsel; insufficient evidence and lack of jury trial on enhancement | May 10, 2001 | Reversal of conviction; striking or reversal of enhancement | Affirmed, June 4, 2001 |
| June 5, 2000, AOB | Miguel A. Lugo (CAP-LA) | People v. Lugo, B133754 (DCA 2/7) | Ineffective assistance of counsel; excluded evidence; denial of juror contact information | June 4, 2001 | Reversal of conviction; remand for disclosure of juror contact information | Affirmed, June 26, 2001 |
| Nov. 5, 1999, HC | Raymond F. Puga (CAP-LA) | In re Puga, B136543 (DCA 2/4) | Ineffective assistance of counsel | N/A | Vacation of judgment | Summarily denied, Dec. 15, 1999 |
| July 28, 1999, AOB | Makboul A. Makboul (ADI) | People v. Makboul, E023489 (DCA 4/2) | Plea bargain invalid | None | Reversal of conviction | Reversed, Dec. 16, 1999 |
| Feb. 11, 1999, AOB | William F. Flowers (CAP-LA) | People v. Flowers, B120731 (DCA 2/5) | Cruel and unusual punishment | Aug. 3, 1999 | Remand for resentencing | Affirmed, Aug. 9, 1999 |
| Dec. 3, 1998, AOB | Darrell Williams (CAP-LA) | People v. Hampton, B120730 (DCA 2/4) | Admission of codefendant's confession; refused jury instruction | July 16, 1999 | Reversal of conviction | Affirmed, July 20, 1999 (73 Cal.App.4th 710) |
| Oct. 16, 1998, AOB | Raymond Matthews (CAP-LA) | People v. Mathews, B120752 (DCA 2/1) | Race discrimination in peremptory challenges | May 19, 1999 | Reversal of conviction | Affirmed, June 1, 1999 |
| Feb. 4, 1998, AOB | Ernesto Ocegueda (CAP-LA) | People v. Osegueda, B112170 (DCA 2/3) | Failure to justify sentencing choices | July 14, 1998 | Remand for resentencing | Affirmed, Aug. 24, 1998 |
| Sept. 23, 1997, AOB | John A. Martinez (CAP-LA) | People v. Martinez, B106885 (DCA 2/5) | Failure to exercise discretion to appoint advisory counsel; sentencing errors | Jan. 12, 1998 | Reversal of conviction; remand for resentencing | Affirmed, Apr. 23, 1998 |
| Aug. 11, 1997, AOB | Clarence Lewis (CAP-LA) | People v. Lewis, B103754 (DCA 2/4) | Race discrimination in peremptory challenges; sentencing errors | Mar. 20, 1998 | Reversal of conviction; modification of sentence; remand for resentencing | Conviction affirmed, remanded for partial retrial and resentencing, May 4, 1998 |
| Feb. 25, 1997, AOB | Dayton Quinn (CAP-LA) | People v. Quinn, B103771) (DCA 2/4) | Failure to instruct on lesser included offense | Oct. 16, 1997 | Reversal of conviction | Affirmed, Oct. 23, 1997 |
| Oct. 10, 1996, AOB | Eldrid B. Lopez (CAP-LA) | People v. Lopez, B094501 (DCA 2/7) | Insufficient evidence; improper rebuttal | Feb. 5, 1997 | Reversal of conviction | Conviction affirmed, remanded for resentencing, Feb. 18, 1997 |
| Aug. 21, 1996, AOB | Christopher W. Lewis (FDAP) | People v. Lewis, A073583 (DCA 1/2) | Illegal search under probation condition | Apr. 16, 1997 | Reversal of conviction | Affirmed, Apr. 22, 1997 |
| May 13, 1996, AOB | Edward Baldwin (CAP-LA) | People v. Baldwin, B093156 (DCA 2/7) | Failure to exercise discretion to dismiss strike (Romero) | Aug. 8, 1996 | Remand for resentencing | Remanded for resentencing, Aug. 21, 1996 |
| May 9, 1996, AOB | Ernesto Ocegueda (CAP-LA) | People v. Osegueda, B094770 (DCA 2/3) | Failure to exercise discretion to dismiss strike (Romero) | Oct. 16, 1996 | Remand for resentencing | Remanded for resentencing, Nov. 5, 1996 |
| Feb. 27, 1996, AOB | Raymond F. Puga (CAP-LA) | People v. Puga, B094771 (DCA 2/4) | Improper impeachment with prior (Castro) | Oct. 18, 1996 | Reversal of conviction; modification of sentence | Affirmed, Mar. 17, 1997 |
| Aug. 3, 1995, AOB | Kevin L. Goodwin (FDAP) | People v. Goodwin, A069638 (DCA 1/2) | Dual use of prior conviction | None | Modification of sentence | Affirmed, July 18, 1996 |
| July 26, 1995, AOB | Reginald A. Howard (ADI) | People v. Howard, E015573 (DCA 4/2) | Lack of Miranda warning; evidence of prior bad acts | May 7, 1996 | Reversal of conviction | Affirmed, May 13, 1996 |
| June 12, 1995, AOB | Oscar Solis (SDAP) | People v. Solis, H013760 (DCA 6) | Illegal search; conviction in excess of jurisdiction | Dec. 11, 1995 | Reversal of conviction | Affirmed, Jan. 16, 1996 |
| Mar. 3, 1995, AOB | Raul N. Covarrubias (SDAP) | People v. Covarrubias, H013384 (DCA 6) | Illegal detention | Sept. 19, 1995 | Reversal of conviction | Affirmed, Oct. 16, 1995 |
| Dec. 2, 1994, AOB | Joseph R. Hoke, Jr. (SDAP) | People v. Hoke, H013094 (DCA 6) | Multiple prosecution; illegal arrest | June 20, 1995 | Reversal of conviction | Reversed, July 14, 1995 |
| June 11, 1993, RB | Michael Anastasios et al. | JRH Capital Investment, Inc. v. Anastasios , C014331 (DCA 3) | Whether specific performance of contract properly denied | None | Affirmance | Affirmed, Nov. 23, 1993 |
| Mar. 11, 1993, Amic. | California Newspaper Publishers Association et al. | Freedom Newspapers, Inc. v. Orange County Employees Retirement System Bd. of Directors, S029178 (Cal.) | Interpretation of Brown Act (open meeting law) | None for our clients | Affirmance of Court of Appeal judgment | Reversed, Dec. 23, 1993 (6 Cal.4th 821) |
| Sept. 16, 1992, RB | Russell I. Kassman | Cearlock v. Kassman, A055391 (DCA 1/2) | Jury misconduct; evidence authentication | None | Affirmance | Affirmed, May 10, 1993 |
| Nov. 13, 1991, RB | California Medical Association et al. | O'Connor v. California Medical Ass'n, A054061 (DCA 1/3) | Public figure status of libel plaintiff; whether constitutional malice shown | May 14, 1992 | Affirmance | Affirmed, May 21, 1992 |
1. The brief listed is the first major brief I filed in each case. Types of briefs: AOB=Appellant's Opening Brief. Amic.=Brief of Amicus Curiae. HC=Petition for Writ of Habeas Corpus. MP=Petition for Writ of Mandate and/or Prohibition. PFR=Petition for Review. RB=Respondent's Brief.
2. Parenthetical information after a client's name indicates that I was appointed by the court to handle the case upon the recommendation of the indicated appellate project. ADI=Appellate Defenders Inc. CAP-LA=California Appellate Project, Los Angeles. FDAP=First District Appellate Project. SDAP=Sixth District Appellate Program.
3. Courts: Cal.=Supreme Court of California. DCA (x/x)=California Court of Appeal (District/Division). SCOTUS=Supreme Court of the United States.
Martin Kassman / marty@kassman.com
© Martin Kassman 2009