• Writs and Appeals: I have filed well over a dozen Writs with the First, Third, and Sixth District Courts of Appeal, one of which was granted, ordering the lower court to vacate the gang enhancements. Five more were remanded to the lower court for further action. This included a Writ of Supersedeas that created the basis for a favorable defense opinion by the First District Court of Appeal in In re. Amanda A. (2015) 242 Cal.App.4th 537.

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• Racial Justice Act (RJA) Motions: I have filed several successful motions for relevant discovery under the RJA and a number of successful California Public Records Act (CPRA) requests. I have litigated RJA issues in the context of suppression motions, motions in limine, and the dismissal of gang and status enhancements. I have been appointed by multiple government panels and judges to assist with RJA litigation, including in three death penalty cases. I have given MCLE trainings on the RJA.

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• Cal. PC 995 (Insufficient Evidence Presented at Preliminary Hearing) and Grand Jury-Related Motions: I have written extensive briefs on special circumstances and complex theories of liability, as well as on complex issues specific to "one-strike" sex enhancements. My 995's have resulted in the dismissal of life counts, including homicide charges, and in the striking of testimony. Gang enhancements are one of my specialty areas. ***See Successes

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• Search and Seizure: I have filed over 100 suppression motions, of which dozens were granted, including Cal. PC 1538.5 and 1538.5(i) motions (U.S. Const. IV), motions to Unseal, motions to Traverse and/or Quash, and motions to Disclose Informants. Many of the suppression motions I have written for clients have been granted or have resulted in charges being dismissed. ***See Successes

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• In Limine Motions: I have persuaded courts to exclude harmful evidence including phone records, text messages, Cal. Evidence Code 1109, 1108 and 1101 (prior bad acts) evidence, and unreliable scientific evidence. I have successfully persuaded courts to admit Third Party Culpability Evidence, witness impeachment evidence, and defense expert testimony. I have briefed issues specific to sexual offense allegations, including Cal. Evidence Code 782 (Rape Shield) and issues specific to experts in so-called Child Sexual Abuse Accommodation Syndrome (CSAAS). A mid-trial Trombetta-Youngblood motion I filed in a homicide case, although ultimately denied, resulted in the court granting a pinpoint "destruction of evidence" instruction. The jury was unable to unanimously convict my client. ***See Successes

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• Confession Motions: Accomplishments include a Cal. PC 288 (child molestation) case resulting in a misdemeanor day-of-trial resolution after having filed a motion to exclude my client's statements on the grounds that they were taken in violation of Miranda, due process, Cal. Evidence Code 754 (concerning the "deaf or hearing impaired"), and The Americans with Disabilities Act. In juvenile court, my motion to suppress minor's confession on due process and Miranda grounds was denied by the trial court but reversed on both grounds by the Appellate Court in the unpublished opinion of In re. Anthony B. (2008 WL 821605). An extensive Miranda and voluntariness motion I wrote for a client resulted in the dismissal of charges as an accessory to homicide.

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• Innovative Constitutional Motions: I successfully convinced the Solano County Bench to strike down a Solano County Ordinance as violative of the U.S. Const. First Amendment, and one Fairfield City Code as preempted by state law. In a 2020 Petition for Finding of Factual Innocence, I persuasively challenged the constitutionality of a section of the Penal Code criminalizing free speech that is allegedly disruptive of religious services.

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• Sentencing Motions: A number of courts have been persuaded by my Statements in Mitigation to grant my clients probation or a lesser prison term, increased custody credits, or to refrain from sending them to prison Additionally, I have filed a number of Romero motions and motions to strike priors. I keep abreast of various changes in sentencing laws and can assist with briefings regarding dismissing or striking enhancements, or remanding to juvenile court. I often help defense attorneys determine the legality of various sentences for purposes of plea bargaining and sentencing.

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For more about my experience and what I can offer, visit the Successes and Testimonials tabs.

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*This Website may contain references to various matters that have been handled by Cheryl McLandrich. The results portrayed in those matters were dependent upon the facts of those particular cases, and results will differ if based on different facts. Because every case is different, the descriptions of awards and cases previously handled are not intended to imply or guarantee success in other cases.