Business Address: School of Law
Santa Clara University
500 El Camino Real
Santa Clara, California 95053
Tel. (408) 554-5729
Born: October 8, 1940; Greendale, Wisconsin
Marital Status: Married to Martha Uelmen, Family Law Attorney/Mediator, Sunnyvale, California
Three children: Nancy, Amy, Matthew
I. Educational Background
1965-66 Georgetown University School of Law,
LL.M. Degree; E. Barrett Prettyman Fellow in
Criminal Trial Advocacy.
1962-65 Georgetown University School of Law,
Awards and Activities:
Board of Editors, Georgetown Law Journal, Vol.53;
Winner, Edward Douglas White Public Law Argument, (Law School Competition), 1965;
Winner, Beaudry Cup Legal Argument Competition, (1st Year Competition) 1963.
1958-62 Loyola University of Los Angeles,
B.A. in Political Science.
Awards and Activities:
Outstanding Debater, Southern California,1962;
1954-58 Mt. Carmel High School, Los Angeles
II. Academic Experience
1986- Present: Professor of Law,
Santa Clara University School of Law
1997: Director, Santa Clara Law School Summer Study Program, Budapest, Hungary.
1995,2000: Visiting Professor of Law, Stanford Law School.
1986-94: Dean and Professor,
Santa Clara University School of Law.
1970-86: Professor of Law, Loyola Law School
Los Angeles, California
(Associate Dean, 1973-75)
Law School Courses Taught: Evidence, Trial Advocacy, Advanced Trial
Advocacy, Criminal Law, Criminal Procedure, Advanced Criminal Procedure,
Drug Abuse Law, Lawyering Skills, Legal Ethics, Civil Procedure.
III. Legal Experience
1965-66: Representation of indigent defendants in
criminal cases in District of Columbia.
1966-70: Assistant U. S. Attorney,
Central District of California, Los Angeles, California.
Prosecution of organized crime cases from
grand jury stage through trial and appeal.
Chief, Special Prosecutions Division, 1970;
Sustained Superior Performance Award, 1968.
1971-Present: Occasional representation of defendants in
criminal cases in federal and state courts,principally on appeals.
Of Counsel to Law Offices of Douglas Dalton, Los Angeles (1983-1986).
Of Counsel to Law Offices of Ephraim Margolin, San Francisco (1993-present).
Admitted to Practice: District of Columbia (1966);
California (1967); U.S. Supreme Court (1974);
Certified Specialist, Criminal Law, California Board of Legal Specialization (1973-1983).
United States v. Friedman, 432 F.2d 879 (1970).
Prosecution and appeal of organized crime conspiracy to cheat in high-stakes gin rummy games at Friars Club.
United States v. Daniel Ellsberg, U.S.D.C., C.D.Cal. (1972).
Preparation and argument of motions and jury instructions in defense of Ellsberg’s release of “Pentagon Papers.”
United States v. Drebin, 557 F.2d 1316, 572 F.2d 215 (9th Cir. 1978).
Defense and appeal of first criminal copyright charges for “film piracy.”
In Re Gordon Castillo Hall, 30 Cal.3d 408 (1981).
Successful habeas corpus challenge to first degree murder conviction based on new evidence of innocence.
Yarbrough v. Superior Court, 39 Cal.3d 197 (1985).
Amicus brief challenging power of courts to appoint attorneys to represent civil defendants without compensation or reimbursement of expenses.
People v. Christian Brando, L.A.Sup.Ct., 2nd D.C.A. (1991-92).
Pretrial Motions, Preliminary Hearing, sentencing hearing and appeal in manslaughter conviction of Marlon Brando’s son.
People v. O.J. Simpson, L.A. Sup.Ct.
Preparation and presentation of Suppression
and Evidentiary Motions and Jury Instructions in televised murder trial.
Eslaminia v. White, 136 F.3d 1234 (9th Cir. 1997).
Appeal of Habeas Corpus Petition Challenging Murder conviction arising from “Billionaire Boys Club” case.
People v. Peter Baez, 78 Cal.App.4th 403 (2000); 79 Cal.App.4th 1177 (2000).
Defense of Founder of Santa Clara Medical Cannabis Center.
United States v. Oakland Cannabis Buyers’ Cooperative, 190 F.3d 1109 (9th Cir. 1999);
— U.S. —(2001).
Defense against effort to close down medical
marijuana facility by federal injunction.
Wo/Mens Alliance for Medical Marijuana v. United States, Pending appeal to 9th Circuit;
Motion for return of medical marijuana seized in D.E.A. raid.
County of Santa Cruz v. John Ashcroft, Pending in U.S. District Court for Northern District of California.
Suit for injunctive and declaratory relief on behalf of terminally ill patients
who are members of Wo/Mens Alliance for Medical Marijuana.
IV. Professional Activity
Judicial Council of California, Task Force on the Quality Of Justice,
Committee on Alternative Dispute Resolution and the Judicial System, 1998-99.
California Attorneys for Criminal Justice: Board of Governors, 1976-Present; President, 1982-1983.
California Academy of Appellate Lawyers: 1981-Present; President, 1990-91.
State Bar of California: Special Investigator in disciplinary investigation, 1975-1976; Ad Hoc Committee to Consider an Appellate Justices Evaluation Commission, 1983-1984; Ad Hoc Committee to Study the Crisis in the Representation of Indigents in Criminal Appeals, 1983- 1984; Executive Committee, Criminal Law Section, 1987-92, Chair, 1991-92; Editorial Board, California Litigation (journal of Litigation Section), 1990-99.
Sixth District Appellate Project: Board of Directors, 1988-Present; Treasurer, 1988-Present.
U.S. Court of Appeals, Ninth Circuit: Co-Chair, Rules Advisory Committee, 1984-1992; Delegate, Circuit Conference, 1983-84.
Los Angeles County Bar Association: Vice Chair, Law Schools Committee, 1981-1983; Executive Committee, Criminal Justice Section, 1981-1986; Vice Chair, Federal Courts Committee, 1974-1977; Chair, Special Committee on Defense of the Courts, 1982; Trustee, 1983-1985.
Markkula Center for Applied Ethics, Santa Clara University: Steering Committee, 1992-1999; Scholar.
National Association of Criminal Defense Lawyers:
Editorial Advisory Board, Champion Magazine.
California Habeas Resource Center: Board of Directors,
California Lawyer Magazine, Editorial Advisory Board,
1990-Present; Chair, 1997-Present.
Board of Directors, California Supreme Court Historical Society, 2001-Present.
V. Charitable, Civic and Community Activity
Law Foundation of Santa Clara County Bar Association: Board of Directors, 1987-1990; President, 1988.
Suicide Prevention Center, Los Angeles: Board of Directors, 1984-1986.
Public Interest Clearinghouse, San Francisco: Board of Directors, 1986-1995.
Death Penalty Focus: Board of Directors, 1987-1992.
City of San Jose, Citizen Task Force for Campaign Reform: Chair, 1992-93.
Santa Clara County Bench and Bar Historical Society: Director, Court of Historical Review, 1988-Present.
Ascension Catholic Church, Saratoga: Eucharistic Minister, 1986-1990; Marriage Preparation Instructor, 1987-1994.
VI. Honors and Awards
1983 Richard A. Vachon Memorial Award for
Community Service, presented by Loyola
1984 Winner of Ross Essay Prize, American Bar
1990 Justice Byrl R. Salsman Award for Contributions to Community and Profession, Presented by Santa Clara County Bar Association.
1993 La Raza Law Students Association Award “In Recognition of Outstanding Dedication and Commitment to Minority Admissions and Success in Law School”
1993 Santa Clara County Black Lawyers Association Award “For Setting the Standard of Excellence in Achieving Diversity in the Legal Community”
1994 Recognition Award, Death Penalty Focus of California.
1996 St. Thomas More Award, St. Thomas More Society of Santa Clara County. (Co-recipient
With Martha A. Uelmen).
1997 Owens Lawyer of the Year, Santa Clara University School of Law Alumni Association.
2002 California Lawyer Attorney of the Year Award. See California Lawyer, March, 2003 at p. 18.
VII. Consulting Activity
Workshop Leader for 1976 Cornell Institute on Organized Crime, Ithaca, New York.
Special Review Committee to make recommendations concerning organization and operations of the Los Angeles County District Attorney’s Bureau of Investigation, 1975-1976.
Adjunct Professor for National Institute of Trial Advocacy in Reno, Nevada (1974) and Boulder, Colorado (1975).
Consultant to the Rand Corporation from 1974-1976 in a study of methods to measure performance in the criminal justice system. The results of this study were published in June, 1976 as “Indicators of Justice: Measuring the Performance of Prosecution, Defense, and Court Agencies Involved in Felony Proceeding” (R-1917-DOJ).
Consultant to Drug Abuse Council, Inc., Washington D.C., in assessing impact of proposals for experimental heroin maintenance programs (1976).
Consultant to California Law Revision Commission on revising felony statutes of limitations (1982-1984),and
impact of court consolidation on criminal proedure (1999-Present).
Testimony before the Criminal Justice Committee of the California State Assembly in Hearings on Use of Deadly Force by Police Officers (1974), Hearings on Reform of the Controlled Substances Act (1976), Hearings on Prosecutorial Discovery (1982), and Hearings on Statute of Limitations (1984). Testimony before the Committee on the Judiciary of the California Senate on Administration of Death Penalty Laws (1986) and workload of California Supreme Court (1998). Testimony before the Committee on the Judiciary, U.S. Senate, on Reform of the Grand Jury System (1976) and the Committee on the Judiciary, Subcommittee on Crime, U.S. House of Representatives, on Police Use of Deadly Force (1980).