Welcome
9.30-10.00 Check in
10.00-10.15 Introductory Remarks
Federal Public Defender Jodi Linker, Introductory Remarks.
Habeas Corpus Fundamentals
10.15-11.30
Habeas Corpus Fundamentals. This session will address some fundamental topics and recent caselaw developments in federal habeas corpus litigation, including the statute of limitations, equitable tolling, exhaustion strategies, 28 U.S.C. § 2254(d) issues, and evidentiary presentation.
Timothy J. Foley has represented death row inmates and individuals accused of capital crimes, at trial and in post-conviction litigation, in multiple states and jurisdictions, for over thirty years. Currently, he is a Senior Deputy with the California Office of the State Public Defender and a visiting lecturer at U.C. Davis (King Hall) School of Law. Previously, he was an Assistant Federal Defender with the Capital Habeas Unit of the Sacramento Federal Defender, a solo practitioner in San Francisco, specializing in criminal defense with a particular emphasis in capital cases, and a staff attorney with the California Appellate Project. A cum laude graduate of Harvard Law School, Mr. Foley has also taught seminars at Berkeley Law, the law school formerly known as Hastings School of Law, and the University of San Francisco School of Law. His numerous articles on death penalty, habeas corpus, and criminal defense topics have appeared in the California Criminal Defense Practice Reporter, The Champion, CACJ Forum, Loyola Law Review, and other publications.
Break 11.30-11.45
FPD Appellate Attorneys’ Greatest Hits
11.45-12.30
The FPD appellate attorneys are sharing a compilation of their favorite cases and quotes to help you navigate substantive and procedural issues that often arise on appeal.
Heather Angove has been at the FPD Office in the Northern District of California for over 14 years, both as an Appellate AFPD and a Trial AFPD. Previously, she clerked at the U.S. District Court for the Northern District of California as a Chamber’s law clerk and a Pro Se law clerk handling pro se prisoner habeas petitions and civil rights cases for over six years. Heather began her career as a Trial Attorney at the Federal Defenders of San Diego. For the past twenty years, Heather has taught a variety of courses at Santa Clara University School of Law including Advanced Criminal Law, Federal Courts and Jurisdiction and the Criminal Justice Expungement Clinic. In 2020, Heather was appointed to the Santa Clara County Juvenile Justice Commission by the Santa Clara County Superior Court.
Robin Packel has been a research and writing/appellate attorney with the Oakland office of the Federal Public Defender for the Northern District of California for 26 years. She graduated from the law school formerly known as Hastings College of the Law and was a death penalty law clerk and a pro se law clerk for the Northern District of California before joining the Federal Public Defender’s office. Although she has briefed more than three dozen appeals, Robin’s heart is in developing suppression motions in the district court. She also handles the office’s old-law (federal parole/pre-Guidelines) cases before the United States Parole Commission.
Break 12.30-1.00
Dismantling the Administrative State
1.00-1.50
This session will cover emerging challenges to the Sentencing Guidelines commentary and beyond in light of the Supreme Court’s decisions in Kisor v. Wilkie and Stinson v. United States.
Todd Borden is an Assistant Federal Public Defender in the San Francisco office of the Federal Public Defender for the Northern District of California. Todd works in the office's appellate unit, and has a varied appellate and non-capital habeas practice. He previously worked as a California Deputy State Public Defender, representing indigent defendants on death row challenging their capital convictions and sentences on direct appeal before the California Supreme Court. Prior to becoming a public defender, Todd served as a judicial staff attorney at the United States Court of Appeals for the Ninth Circuit, where he worked exclusively on criminal and habeas appeals. He also previously worked as a judicial staff attorney at the United States Court of Appeals for the Eighth Circuit. Todd received his law degree from the UCLA School of Law, and his undergraduate degree from Whitman College.
Lisa Ma is an Assistant Federal Public Defender in the Oakland office. She is a Harvard Law School graduate and previously worked at the Federal Public Defender for the District of Oregon in Portland (2017-19) and Habeas Corpus Resource Center in San Francisco (2015-17). Her notables cases include United States v. Allen, 34 F.4th 789 (9th Cir. 2022) (conviction vacated due to denial of public trial right) and United States v. Cole, 445 F. Supp. 3d 484 (N.D. Cal. 2020) (evidence suppressed in Terry stop). In addition to working on motions, appeals, and habeas, she collects opinions in our District granting compassionate release and early termination of supervised release.
Break 1.50-2.00
Ethical and Legal Dilemmas from Notice of Appeal to the Filing of the Opening Brief
2.00-2.50
While differing from the circumstances encountered by our trial-attorney colleagues, the representation of criminal defendants on appeal involves its own share of ethical considerations. This session will explore selected legal and ethical issues specific to appellate practice, with particular focus on appellate waivers in plea agreements. Among other topics, we will discuss rights that may be given up by an appellate waiver in a plea agreement; the decision to file a notice of appeal (even in cases with appellate waivers); ways to attack appellate waivers; issue selection on appeal; and ethical considerations relating to Anders briefs.
Steven J. Koeninger is an Assistant Federal Public Defender in the appellate unit of the Federal Public Defender, Northern District of California. He is based in the San Francisco office, where he has worked since 2004. Before joining the Federal Public Defender, Steve served as a law clerk for the Honorable Ronald M. Whyte, United States District Court for the Northern District of California. Steve is a graduate of Ohio University and Stanford Law School, where he was an associate editor of the Stanford Law Review and taught Street Law classes at Bay Area juvenile detention facilities. He is also a proud alum of the AmeriCorps*VISTA national service program.
Jenya Parkman has been an Assistant Federal Public Defender in San Francisco since 2019. His practice focuses on appeals. Previously, he worked in the civil division of the Office of the Attorney General for the State of California. He has also served as a law clerk for Judge Harris Hartz of the United States Court of Appeals for the Tenth Circuit and Judge John McConnell of the United States District Court for the District of Rhode Island. Jenya graduated cum laude from Harvard Law School in 2015 and magna cum laude from Pomona College in 2010.
Break 2.50-3.00
Brainstorming
3.00-4.00
Bring your own case to brainstorm.