Michael J. Fannon

Attorney at Law

BAR ADMISSIONS

State Bar of California, 1993
United States District Court, Eastern District of California, 1993
United States District Court, Northern District of California, 1995
United States District Court, Central District of California, 1998

EDUCATION

University of the Pacific, McGeorge School of Law, Sacramento, California
Juris Doctor, 1992

National University, San Diego, California
Bachelor in Business Administration, 1989

LAW REVIEW

Pacific Law Jounral, Board of Editors, 1991-92
Pacific Law Journal, Associate Legislation Editor, 1991
Pacific Law Journal, Comment Staff Writer, 1990-91
Pacific Law Journal, Legislative Review Staff Writer, 1990

PUBLICATIONS

Author, Review of Selected 1990 California Legislation, thirteen short articles reviewing significant changes in California statutory law covering various subjects such as criminal law, criminal procedure, civil procedure, evidence, family law, and domestic violence. 22 PAC. L.J. 321 (1991).

Editor, Symposium on Victims' Rights, extensive editing on numerous articles submitted by various professors, judges, practitioners, and commentators on a review of the law relating to Victims' Rights since the passage of Proposition 8, the Victims' Bill of Rights, in June 1982. 23 PAC. L.J. 815 (1992).

Co-author, Admin Per Se For The Practitioner, an article designed to teach an experienced practitioner about the nuances of defending a driver's privilege to operate a motor vehicle in an administrative hearing before the Department of Motor Vehicles after an arrest for driving under the influence of alcohol. 24 PAC. L.J. 461 (1993).

EMPLOYMENT

Current        SELF-EMPLOYED--Michael J. Fannon, Attorney at Law, Jackson, California.  Represent clients in serious criminal cases in State courts at the trial level; research and draft pre-trial motions; organize trial strategy; investigate defense options; prepare for and present proactive and highly-creative defense strategies at trial.

2003-04       DEPUTY PUBLIC DEFENDER--Fresno County Public Defender’s Office.  Defense Attorney assigned to Sexually Violent Predator cases.  Cases include petitions for Sexually Violent Predators, Mentally Disordered Offenders, and Restoration of Sanity.

2003            DEPUTY PUBLIC DEFENDER--Fresno County Public Defender's Office. Defense Attorney on the Major Crimes Team.  Represent indigent clients in cases which carry a minimum sentence of life in prison.  Cases include murder, rape, robbery, child molest, three-strike cases with violence, etc.  All phases of the case from initial arraignment through trial and/or sentencing.

2002            DEPUTY PUBLIC DEFENDER--Fresno County Public Defender's Office.  Defense Attorney on the Felony Trial Team.  Represent indigent clients in felony  cases with less than life sentences.  Cases include burglary, strong-arm robbery, drugs, auto theft, embezzlement, child abuse, three-strike cases without violence, etc.  All phases of the case from preliminary hearing through trial and/or sentencing.

2001-02       DEPUTY PUBLIC DEFENDER--Fresno County Public Defender's Office.  Defense Attorney Misdemeanor/Prelim Team.  Represent indigent client in felony and misdemeanor cases in the Reedley District Superior Court.  Cases include everything from minor misdemeanors to general felony cases (Major Crimes excluded).  Arraignments, preliminary hearing, suppression motions,  non-trial motions, and sentencing.

2001            DEPUTY PUBLIC DEFENDER--Fresno County Public Defender's Office.  Defense Attorney Misdemeanor Trial Team.  Represent indigent client in misdemeanor cases.  Cases include DUI, drug influence, solicitation of prostitution, public intoxication, disturbing the peace, resisting arrest, battery, etc.  All phases of the case from arraignment to trial and/or sentencing.

1998-01       SELF-EMPLOYED--Fannon Brothers Academy, Fresno, California.  Organize and operate an exclusive private school based on self-directed education model. Assist students in choosing appropriate topics for study, find how subjects relate to state mandated study material, provide study material, supervise and guide individual student progress.

1994-99       SELF-EMPLOYED--Michael J. Fannon, Attorney at Law, Fresno, California.  Represent clients in criminal and civil cases in Federal and State courts at both the trial and appellate levels; research and draft pre-trial motions; organize trial strategy; investigate defense options; prepare for trial; prepare post-conviction sen­tencing reports and motions; review trial transcripts in search of errors to be raised on appeal; draft appellate briefs; present oral arguments as needed.

1994-95       ADJUNCT FACULTY--National University, Fresno, California.  Instructor for law related courses, including undergraduate business law and graduate course on partnerships and corporations.  Prepare syllabus, course outline, and lesson plans; present course specific information pertaining to learning objectives and skill goals of course; participate in and facilitate classroom discussions on important course issues; prepare, administer, and grade testing instruments to measure knowledge obtained by students.

1993-94       ASSOCIATE ATTORNEY--Milrod & Phillips, Fresno, California.  Represent clients in criminal defense and police misconduct civil rights cases in both Federal and State courts; research and draft complex pre-trial motions in death-penalty special circumstance murder cases; organize trial strategy, investigate defense options, and prepare for trial; prepare post-conviction sen­tencing reports and motions; review trial transcripts for appealable error, draft appellate briefs, present oral arguments as needed.

1992-93       CONTRACT LEGAL RESEARCH--Self-employed, Fresno, California.  Research and draft complex trial motions in death-penalty special circumstan­ces murder criminal defense cases, sexual harassment cases, and police mis­conduct civil rights cases in both Federal and State courts; assist primary at­torney in organizing trial strategy, investigating defense options, and prepar­ing for trial.

1991-92       CONTRACT LAW CLERK--Self-employed, Sacramento, California.  Research and writing on pre-trial motions in both Federal and State courts, memoran­dum on specifically requested issues for trial strategy, and post-conviction ac­tions including appeals.

1990-91       LAW CLERK--Charles A. Pacheco, Sacramento, California.  Extensive re­search and writing on criminal defense issues, draft motions, points and au­thorities, trial and appellate court briefs; research and writing on civil writs appealing Administrative Per Se decisions from California Department of Motor Vehicles.

1990            LAW CLERK--Criminal Justice Legal Foundation, Sacramento, California. Conducted in-depth research of specified legal issues ranging from habeas corpus to the constitu­tion­ality of statutes, drafted clear, concise memoranda and briefs, assisted the senior attorney in develop­ing and drafting amicus briefs.

1986-89       ACADEMIC/ADMISSIONS ADVISOR--National University, Fresno, California. Interviewed and assisted potential students with admission pro­cess, advised students about university's academic re­quire­ments and helped organize course schedule, supervised other admis­sion personnel.

1985-86       SECURITY TRAINER--Self-employed, Fresno, California.  As a state-certified firearms and baton instructor, trained security officers in the handling, safety, and state-regulated requirements regarding the proper use of side-handled ba­tons and handguns, conducted written and performance tests, reported results to regulating agency.

1985-89       PRIVATE INVESTIGATOR--Self-employed, Fresno, California.  Specialized in criminal defense investigations including child molest, kidnapping, felo­nious assault, and burglary cases, located and interviewed witnesses, collected and analyzed physical evidence, testi­fied in court as needed, prepared confi­dential written reports.

1984-85       NARCOTICS INVESTIGATOR--Huron Police Department, Huron, California. Primarily responsible for all narcotics investigations within the territorial boundaries of the City of Huron, coordinated all interdepartmental investigations with any participating agencies, operated in an "under cover" capacity purchasing illegal substances, conducted extended surveillances and investigations of suspected narcotic traffickers.

1983-84       POLICE PATROL SERGEANT--Huron Police Department, Huron, California. Supervised police patrol personnel, supervised department's in-house training program, coordinated outside agency training assignments, conducted back­ground investigations on all police personnel applicants, conducted personnel complaint inves­tigations against all sworn officers.

1982-83       FIELD TRAINING OFFICER--Huron Police Department, Huron, California. Trained all new police recruits, organized and supervised in-house training program of all police personnel, maintained detailed training records.

1981-85       FIREARMS INSTRUCTOR--Huron Police Department, Huron, California. Responsible for developing and implementing a firearms training program for all police personnel, including handgun, rifle, and shotgun safety and training.

1978-81       POLICE OFFICER--Mendota Police Department, Mendota, California.  Patrol Officer responsible for the enforcement of federal, state and local laws, responding to calls for assistance, investigate criminal activity, draft accurate investigation reports, and testify in court as required.

1978-81       EMERGENCY MEDICAL TECHNICIAN I--Mendota Police Department, Mendota, California.  Operate emergency medical equipment on a rural ambulance, respond to medical emergencies, and administer medical assistance as needed.

POST-GRADUATE LEGAL TRAINING

2005            Criminal Defense Practice, sponsored by CPDA, Rohnert Park, California, 5 hours, creative approaches to criminal defense, effective jury selection, confessions and admissions, eyewitness identification, and domestic violence defenses.

2004            Criminal Defense Practice, sponsored by CPDA, Sacramento, California, 5 hours, opening statements, discovery and Pitchess motions in criminal defense practice, prosecutorial misconduct, preparing child molest cases, search and seizure practice.

2004            Defending the Sexually Violent Predator Case, San Rafael, California, 6 hours, SVP statutory and case law update, avoiding the SVP commitment consequences, effective discovery practices under the SVP act, DMH evaluations and evaluators, future dangerousness and the SVP act, winning SVP trial strategies and tactics.

2003            Defending Sex Cases, sponsored by CPDA, Palm Springs, California, 6 hours, sex offense law update, child witness suggestibility, cross-examining children witnesses, challenging bad conduct evidence, effective presentation of evidence in sex cases.

2003            Homicide Defense Seminar, sponsored by CPDA, Rohnert Park, California, 6 hours, homicide case law update, jury selection strategies, defending unpopular clients, abuse defenses, challenging forensic evidence, presenting integrated defenses.

2002            Felony Defense Practice, sponsored by CPDA, Yosemite, California, 7 hours, suppression motions, tracking police misconduct complaints, handling media in major crimes, use of psycho-drama in jury selection, opening statements and closing argument.

2002            Scientific Evidence, sponsored by CPDA, Sacramento, California, 5 hours, junk science, DNA evidence, making and overcoming Kelly objections, predisposition evidence, and psychological testing to show future dangerousness.

2002            Basic Trial Skills, sponsored by CPDA, San Diego, California, 12.75 hours, cross-examination, impeachment, rules of evidence, utilizing police reports, jury selection, opening statements, closing argument.

1999            Capital Case Defense Seminar, sponsored by CACJ/CPDA, Monterey, California, 23 hours, update on death penalty case law, update on effective use of scientific evidence, investigating jury misconduct, investigation of prosecution informants, capital case jury selection issues, prosecutorial misconduct.

1999            Police Misconduct Litigation Seminar, Consumer Attorneys' As­sociation, Los Angeles, California, 12 hours, investigating and proving agency liability, impact weapons, wrongful death cases, police dog-bite cases, government personnel records, civil rights discovery procedures, jury selection, presenting emotional distress damages.

1998            Capital Case Defense Seminar, sponsored by CACJ/CPDA, Monterey, California, 21 hours, update on death penalty case law, post-conviction investigation, update on scientific evidence, interviewing post-conviction jurors, proper and improper use of capital case informants, investigating the prosecution team.

1998            Post-Conviction Remedies Seminar, sponsored by Central California Appellate Program, Sacramento, California, 8 hours, update of post-conviction remedies in California and federal courts, update on case law, proper use of investigators, public records act, state confidentiality privileges, limits imposed by the courts on post-conviction representation.

1997            Capital Case Defense Seminar, sponsored by CACJ/CPDA, Monterey, California, 22.5 hours, update on death penalty case law, effective use of DNA evidence in the courtroom, update on scientific evidence, investigating jury misconduct, investigation of prosecution informants, capital case jury selection issues, prosecutorial misconduct.

1996            California Attorneys for Criminal Justice, Unbridled Advocacy, San Francisco, California, 6 hours, including recent legal developments, Three-Strikes update, investigating and litigating distorted memory cases, update on scientific evidence, and conducting Wheeler/Baston motions.

1995            Homicide Defense Seminar, California Public Defenders' Association, Napa, California, 5 hours, including, the absence of malice in homicide cases, cross-examination of the pathologist, legal aspects of vehicle homicides, repressed and false memories, and effective argument in homicide cases.

1995            Gerry Spence in Trial, Self-Study Video Program, 4 hours, How to Win in Voir Dire, including, voir dire preparation, previewing the case in voir dire, handling a judge who restricts voir dire, how to get prospective jurors to tell you what they really think, and how to request for-cause removal.

1995            CEB, Litigating Section 1983 Claims, 3 hours, including, bringing claims in state and federal courts, municipal liability under Section 1983, theories of liability for excessive force, color of law and state actions, immunities under Section 1983 actions, attorney's fees, federal rules of civil procedure, and defense considerations.

1995            Gerry Spence in Trial, Self-Study Video Program, 6 hours, How to Win in the Opening Statement, including, preparing for the opening statement, an­ticipating objections and how to handle them, how much detail to include in the opening statement, the story line of the opening statement, and getting the jury involved in the opening statement.

1995            Professional Education Group, Self-Study Program, 3 hours, The Art of Cross-Examination, including, the language of cross-examination, techniques of witness control, the law of cross-examination, the story line in cross-examination, basic cross-examination techniques, and using cross-examination in final argument.

1995            Police Misconduct Litigation Seminar, Los Angeles Trial Lawyers' As­sociation, Los Angeles, California, 12 hours, investigating and proving agency liability, impact weapons, wrongful death cases, issues particular to police dog-bite cases, government personnel records, civil rights discovery procedures, jury selection, presenting emotional distress damages.

1995            CEB, Criminal Law Update, Fresno, California, update on new developments in the area of California Criminal Law, including, search and seizure, statements and confessions, collection and discovery of evidence, iden­tifications, right to counsel, speedy trial rights, jury selection, development of defenses, sentencing guidelines, and special circumstance cases.

1995            Capital Case Defense Seminar, sponsored by CACJ/CPDA, Monterey, California, 22.5 hours, update on death penalty case law, effects of race in death penalty litigation, penalty-phase investigation techniques, investigation of prosecution informants, capital case jury selection issues, presenting mitigating evidence regarding mental disabilities.

1995            Lawyers' Mutual Insurance Company, Self-Study Program Volume III, 3 hours, including, office management, handling stress, bias and sexual harassment, calendaring systems, and file management.

1995            Lawyers' Mutual Insurance Company, Self-Study Program Volume II, 3 hours, including, malpractice risk assessment, conflicts of interest, ethics, setting up a conflicts check system and policy.

1994            Lawyers' Mutual Insurance Company, Self-Study Program Volume I, 3 hours, including, client relations, fees and engagement letters, rejecting and disengaging from a client, launching a case, and professional conduct.

1994            Lawyers' Mutual Insurance Company, Practice Management to Avoid Malpractice, Fresno, California, 4 hours, including, ethics and legal malprac­tice, client relations, and how to build and improve client relations.

1994            California Attorneys' for Criminal Justice, Right to Counsel--Continuing the Commitment, San Francisco, California, 6 hours, update on criminal procedure, jury selection, admissibility of scientific evidence such as DNA and blood typing evidence, integrating computers into law practice management, review of the United States Supreme Court decisions regarding the rights of criminal defendants.

1994            Central California Appellate Program, Appellate Practice in the Third and Fifth District Courts of Appeal, 4.5 hours, reviewing appellate record for reversible error, instructional errors, appellate procedures.

1994            Police Misconduct Litigation Seminar, Los Angeles Trial Lawyers' As­sociation, Los Angeles, California, 12 hours, investigating and proving agency liability, impact weapons, wrongful death cases, issues particular to police dog-bite cases, government personnel records, civil rights discovery procedures, jury selection, presenting emotional distress damages.

1994            Capital Case Defense Seminar, sponsored by CACJ/CPDA, Long Beach, California, 22.5 hours, update on death penalty case law, effects of race in death penalty litigation, penalty-phase investigation techniques, investigation of prosecution informants, capital case jury selection issues, presenting mitigating evidence regarding mental disabilities.

 1993           California Attorneys' for Criminal Justice 20th Anniversary Review, San Francisco, California, 6 hours, update on criminal procedure, jury selection, integrating computers into law practice management, review of the United States Supreme Court decisions regarding the rights of criminal defendants.

1993            Ethics of Criminal Law Practice, San Joaquin School of Law, 2 hours, specialized training regarding the California statutes and cases dealing with the ethical rules of criminal law practice, dealing with conflicts of interest, providing competent legal representation, prosecutorial conflicts, prosecutor’s duty to disclose, preserving secrets and maintaining confidences, duty to be truthful, and duty to avoid improper communication.

1993            Death Penalty College, Santa Clara University School of Law, 35 hours, specialized training in areas such as how to competently investigate, collect and present the penalty phase of a capital murder defense case, pre-trial motion considerations, death penalty discovery strategies, death qualifications for jurors, jury instructions, and use of experts.

1993            Post-Conviction Investigations in Death Penalty Appeals, California Appellate Project, Los Angeles, California, 8 hours, investigation, collection and presentation of information that supports a claim of reversible error in criminal appeals in which the client has received a sentence of death, including ineffective assistance of counsel, uninvestigated mental defenses, and the impact of the client's social history.

MEMBERSHIPS

                   Amador County Bar Association
Amador County Chamber of Commerce
American Civil Liberties Union
California Public Defenders' Association
McGeorge Alumni Association
Federalist Society
National Rifle Association

ACTIVITIES

2003-04       HEAD INSTRUCTOR, Fresno Karate Club. Teach adults and children all aspects of traditional Japanese Shotokan Karate at a non-profit karate club. Instruct students on basic stances, blocks, kicks, strikes, punches, movement, self-defense, formal exercises (Kata), formalized sparring, and informal sparring.

2000-02       BOARD MEMBER, Way of Japan Alumni Association.  Organizer of non-profit public benefit corporation designed to support research and scholarship in martial arts, assist low-income families, and physical and mental handicapped individuals to participate in martial arts, and sponsor lectures and seminars by prominent instructors from various styles of martial arts.

1999-02       INSTRUCTOR, Way of Japan Martial Arts Academy.  Teach adults and children, beginner and advanced students, all aspects of traditional Japanese Shotokan Karate. Instruct students on basic stances, blocks, kicks, strikes, punches, movement, self-defense, formal exercises (Kata), formalized sparring, informal sparring, and sports competitions.  Coach sporting participants at local, regional, national and international competitions.

1997-99       CHAIR, Central California Citizen's Complaint Committee.  Organized, trained and coordinated citizen volunteers in the collection of complaints against law enforcement officers, assisted victims of law enforcement misconduct in filing complaints with law enforcement agencies, trained victims and volunteers in the legal requirements of a small claims action against law enforcement agencies, maintained a data base of complaints and civil rights attorneys who assist low-income victims of civil rights violations.

1992            SYMPOSIUM DIRECTOR, Victims' Rights Symposium, McGeorge School of Law. Organized, coordinated, and supervised the collection of writers for the symposium issue of the law review, contacted and scheduled all speakers, arranged for symposium location set-up, generated and supervised all media and advertising, acted as on-site coordinator of operations.

1990-91       PRESIDENT, McGeorge Federalist Society.  Liaison between McGeorge Federalist Society, National Federalist Society, and local attorney groups.  Worked with school administrative staff in coordinating Federalist Society activities, including numerous debates, lectures, and publications.

1989-91       EDITORIAL STAFF, McGeorge Federalist Papers. Primary editor of articles submitted for publication, assistant to Editor-in-Chief in determining which articles would be published, responsible for publication lay-out and printing.

1981-84       PRESIDENT, Huron Police Officers' Association.  Negotiator for pay and benefits between law enforcement employees and city administration, administered the HPOA budget, responsible for the creation of a fund-raising program which purchased equipment for reserve police officers and financed the activities of the Huron Police Explorer Post, assisted members of the association with grievances and disciplinary actions by the city administration.

1981-85       POLICE EXPLORER POST ADVISOR, Huron Police Explorer Post 179. Responsible for the organization and operations of the Huron Police Explorer Post, assisted with fund-raising programs, organized travel events, supervised explorers during event functions, worked closely with the community and city administration in coordinating explorer post efforts in community clean-up and home safety check programs.

AWARDS

1990            Raymond Burr Criminal Trial Attorney's Scholarship
1989            Accepted in McGeorge School of Law with "Honors at Entrance"

DESIGNATIONS

1982-85       Law Enforcement Expert Witness on narcotics packaging, use, objective symptoms of being under the influence, and possession for sales.

LAW ENFORCEMENT TRAINING

1985            California Specialized Training Institute, 40 hours, Officer Safety and Field Tactics for Trainers, advanced techniques for personnel responsible for developing departmental training programs, including total firearms combat training (handguns, shotguns and rifles), responding to disturbance calls, counter-ambush techniques, baton-instruction techniques, developing and maintaining state required training records.

1985            California Highway Patrol, 5 hours, Driving Under the Influence of Alcohol Awareness, advanced techniques of identification and investigation of drunk drivers, including use of alcohol gaze nystagmus as a field sobriety test.

1984            PTC Associates, 8 hours, Phencyclidine, identification, use, sales, packaging, objective symptomology, update on new investigation and officer survival techniques.

1984            PTC Associates, 8 hours, Officer Survival, officer involved shooting analysis, fatal errors on domestic violence investigations, ambushes, psychology of surviving a shooting investigation.

1984            PTC Associates, 8 hours, Narcotics and Dangerous Drugs, advances iden­tification of schedule I, II & III class drugs, use, sales, and packaging, advanced investigation techniques.

1984            California Department of Justice, 16 hours, Field Evidence Collection & Investigative Interviewing Techniques, advanced evidence collection techniques including iodine fuming for latent prints, plaster of paris casting of tire tracks and footprints, and advanced investigative interviewing techniques.

1983            Selma Police Department, 8 hours, Narcotics Enforcement-PCP, identification, use, sales, packaging, objective symptomology of phencyclidine influence, officer safety techniques, and investigation.

1983            Los Angeles County Sheriff Department, 40 hours, Commercial Vehicle Enfor­cement, identification and enforcement of critical mechanical defects on commercial vehicles, weight and equipment requirements.

1983            Fresno City College, 40 hours, Report Writing for Instructors, report writing techniques for the training officer, one-write systems, field note-taking, report review, critical editing, identification and development of report writing skills.

1982            State Center Peace Officers' Academy, 40 hours, Firearms Instructor, instruction techniques for Rangemasters, basic firearm maintenance and repair, developing firearm courses, combat range techniques, and record keeping.

1981            Fresno City College, 24 hours, Heroin Influence, identification, use, sales, and packaging of opiate derivative, specifically heroin, objective symptomology, advanced report writing, courtroom demeanor, qualifying as an expert witness.

1979            California State University, Long Beach, 80 hours, Field Evidence Technician, identification, preservation, collection and packaging of physical evidence, including latent print collection and analysis, photography, gunshot pattern analysis, footprint collection and analysis, advanced report writing and investigation techniques.

1979            California Department of Justice, 20 hours, Narcotics Enforcement for Peace Officers, identification, sales, packaging, use of procurers, laboratory investigation, use of informants, and search warrants.

1978            Fresno County Sheriff's Department, 16 hours, Narcotics Identification, use, packaging, and objective symptomology of under the influence of opiates and other central nervous system depressants.

1978            Peace Officer Standards and Training (POST) Basic Academy, Butte Community College, 520 hours, basic law enforcement training, including criminal law, powers of arrest, narcotics identification, basic investigation skills, defensive tactics, firearms and gas training, and defensive driving techniques.