Court WatchCPDA has filed amicus briefs in the following cases. Each of these cases presents important issues for our clients, our constitutional rights, and our work as advocates for indigent defense. We will update this page as decisions are reached in these cases and as we submit more. If you are an attorney requesting amicus support in a case, or a member interested in volunteering as an amicus writer, use the links below. Favorable Outcomes
J.O. v. The Superior Court of San Joaquin County
RemandedCalifornia Supreme Court • Case No. S287285 • Decided May 28, 2026
CPDA filed amicus in support of a petitioner challenging a county counsel's office's practice of blanket-disqualifying a judge in over 300 conservatorship cases under Code of Civil Procedure section 170.6. The Supreme Court overruled decades-old precedent shielding blanket challenges from separation-of-powers review, adopted a new procedure for courts to scrutinize bad-faith blanket challenges, and remanded the case to the Court of Appeal. In re Gerald John Kowalczyk on Habeas Corpus
DecidedCalifornia Supreme Court • Case No. S277910 • Decided April 30, 2026
CPDA joined amici Alameda County Public Defender, San Francisco Public Defender, and Los Angeles County Alternate Public Defender in support of petitioner, addressing whether the state constitution permits a court to set bail above a defendant's ability to pay. The Supreme Court affirmed the Court of Appeal's dismissal of the underlying habeas petition as moot, while disapproving of the Court of Appeal's reasoning to the extent it was inconsistent with the Court's opinion. Kjoller v. The Superior Court (People)
Petition grantedCalifornia Supreme Court • Case No. S293723 • Decided January 14, 2026
CPDA sought review after a district attorney's office submitted filings in a case containing AI-generated fabricated case citations, holdings, and quotes. The Supreme Court granted the petition, transferred the matter to the Court of Appeal, Third Appellate District, and directed that court to issue an order to show cause and hold a hearing on why sanctions should not be imposed on the Nevada County District Attorney. In re Carlos Alberto Huerta on Habeas Corpus
PFR grantedCalifornia Supreme Court • Case No. S292760 • Decided October 29, 2025
CPDA joined the San Diego Public Defender's Office, San Mateo County Private Defender Program, Contra Costa County Public Defender's Office, and others in requesting depublication and review after the Court of Appeal held that a gang enhancement does not constitute an "offense" under the Racial Justice Act. The Supreme Court granted review and transferred the case back to the Court of Appeal to reconsider that question. People v. Teran
Petition granted2nd District Court of Appeal • Case No. B341644 • Decided June 26, 2025
CPDA attempted to file an amicus in support of petitioner, an LA County District Attorney who is being prosecuted by the AG for using information she obtained while employed by the LA County Sheriff's Department as a constitutional policing advisor. In her subsequent role at the DA's office, supervising the Discovery Compliance Unit, Teran obtained copies of writs that addressed potential Brady material and turned them over to a co-worker with instructions to review them for relevant information regarding their Brady list. Brian McComas for CPDA and John Phillipsborn for CACJ worked on a joint amicus brief that was rejected by the court, since the court only accepted one amicus brief from each side. More information on the case here → In re Lerke
Depublication deniedFourth District Court of Appeal • Case No. D084051 • Filed December 19, 2024, resolved May 2, 2025
Opposed a request for depublication of the case affirming that a Murphy conservatee cannot be held in jail or prison while awaiting hospital placement. Cain v. The Superior Court of Solano County
Writ grantedFirst District Court of Appeal • Case No. A170052 • Decided April 11, 2025
Filed amicus in support of Petitioner, opposing disqualification of Solano County PD in a death penalty case. The issue involved whether the attorney-client privilege between a person previously charged for the homicide, who was represented by a former Solano County public defender who became a judge and had retired, required recusal of the entire office. Court granted Petitioner Cain's writ in a published case, reversing the trial court's order recusing the Solano County Public Defender's Office. Read the opinion → Pending
Snap, Inc. v. Superior Court
Pending — review grantedCalifornia Supreme Court • Case No. S286267 • Amicus filed February 25, 2024
CPDA filed a joint amicus with the National Association for Criminal Defense Lawyers, California Attorneys for Criminal Justice, the New York Legal Aid Society, the Innocence Project, Inc., the New York County Defender Services, the Federal Defenders Office for the Eastern District of California, the Dallas County Public Defender's Office, the Salt Lake Legal Defender Association, and others, emphasizing the importance of access to exculpatory social media content. Social media giants Facebook and Twitter routinely refuse to provide materials critical to proving defenses, despite contempt orders. This case fights the request to read into the Stored Communications Act a silent privilege that would allow the companies to escape the power of the courts to compel essential evidence. The appellate court ordered Snap and Meta to produce the requested materials for in-camera review to determine their relevance to the defense, and the companies petitioned for review to the California Supreme Court, which granted review. People v. Delgadillo
PendingAmicus support for a client denied diversion under PC 1001.20 et seq. The court improperly denied diversion based on factors that should have supported it. CPDA filed a joint brief with Disability Rights California and Disability Rights Education and Defense Fund. Unfavorable Outcomes
People v. Hersom
Depublication deniedCalifornia Supreme Court • Case No. A168129 / S287400 • Denied December 18, 2024
CPDA requested depublication in this case, where the court ruled that the defendant voluntarily absented himself during trial despite the fact that he attempted to appear. During jury selection, Hersom, who was in custody, did not appear in court on the second day. The bailiff reported that Hersom refused transport, leading the court to find his absence voluntary and proceed with jury selection. Because of the implications for defendants' trial rights, as guaranteed by the state and federal constitutions, CPDA filed an amicus petitioning for review and requesting depublication. |