Philip A. Schnayerson

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Philip A. Schnayerson

Philip A. Schnayerson (born October 31, 1940, in Paterson, New Jersey) is an American criminal defense attorney.

Early life and education[edit]

Philip A. Schnayerson was born in the industrial town of Paterson, New Jersey in 1940. He attended Paterson East Side High School and Rutgers University, from which he graduated in 1962.[1] He went on to study law at New York University Law School, where he earned his JD in 1965.[2]

Early legal career[edit]

In 1965, Schnayerson moved to California to serve as a VISTA volunteer, working in San Francisco on the S.F. Bail Project until 1967. In 1968, he joined a labor law firm[3] but soon left civil law to join the Alameda County Public Defender's Office in 1969. As an Alameda County public defender, Schnayerson defended many University of California students arrested for protesting the Viet Nam War in 1971. In 1976, Schnayerson left the Alameda County office to join the newly created California State Public Defender's Office.  While there he worked on appeals, prison trials and serious offender hearings when the determinate sentence law came into effect. He remained in the California State Public Defender's Office until 1978.

Private practice[edit]

Having become a Certified Criminal Law Specialist in 1975,[4] Schnayerson established a private criminal law practice in 1978.

Notable cases[edit]

People v Eric Boucher[edit]

In 1986, the state of California and Los Angeles city attorney, James K. Hahn[5] brought charges of obscenity[6] against Eric Boucher, more commonly known as Jello Biafra, lead singer of the band the Dead Kennedys.[7] The band's recently released album, Frankenchrist, came with a poster of the painting Penis Landscape, by the academy-award-winning Swiss artist, H. R. Giger,[8] whose work Schnayerson argued was “legitimate.”[9] Boucher was accused of distributing harmful material to a minor after a complaint[10] from a San Fernando Valley woman[11] whose 14 and 11-year-old children[12][9] came into possession of the album and poster.[13] The case was concerned with freedom of speech[14][15] as well as the responsibilities a recording artist might have in creating records for an audience that could include minors.[16] Schnayerson argued that if artists were held liable for any material that might fall into the hands of minors, “that everyone will have to adhere to [that] standard and that adults would be reduced to reading and seeing things that would be acceptable only for minors.”[13] Schnayerson also argued that the poster's intent was not to arouse but to act as sociological commentary.[17] The album bore a sticker with a warning.[18]

The case was dismissed after trial.[19][20][21][22][23]

This American Life episode[edit]

Act Two of Episode 285 of the popular radio program and podcast, This American Life, entitled “I am Curious, Jello,” features the story of People v Boucher.[24] Schnayerson as defense attorney is described as having “a mastery of the arguments and a sense of humor.” Opposing counsel Michael Guarino describes that as a consequence of Schnayerson's tactics, “the trial became an art and history lesson[25] instead of a discourse about protecting the children,” which worked in favor of the defense. He also stated that it “seemed to feel like [Schnayerson] was on the right side. And that’s not usual, for a prosecutor to be in involved in a case in which the defense attorney has this righteousness.”

The episode originally aired on March 25, 2005.[26]

Arguments before the California Court of Appeal[edit]

People v Ormonde (2006)[edit]

During his initial hearing in trial court, defendant Richard Ormonde pleaded no contest to five counts brought against him, following the court's denial of his motion to suppress evidence. His defense entered a post-plea motion for reconsideration of the ruling on the suppression motion, maintaining that a detective's "warrantless entry and search were invalid under the exigent circumstances exception."[27] This post-plea motion was also denied. The defense petitioned for referral to the California Rehabilitation Center, which the court denied. Ormonde was sentenced to state prison for three years and eight months.[28]

Before the California Court of Appeal, the Attorney General contended that the "initial entry into the defendant’s home was justified by exigent circumstances."[28] Schnayerson, however, argued on Ormonde's behalf that the trial court had made an error in "denying the defendant’s motion to suppress an invalid sweep and abused its discretion in rejecting his bid for a CRC referral." The Court of Appeal agreed that the trial court should have granted the suppression motion. The Court of Appeal reversed the judgment, and Mr. Ormonde was released from parole.[29]

In re Maurice S. (1979)[edit]

Maurice S. and his defense appealed the judgement of the juvenile court, which had sentenced him to a thirty-six month period of commitment in the Youth Authority. Schnayerson, on behalf of Maurice S., argued that the appellant was entitled "to credit against his term of confinement for thirty-seven days spent in custody in addition to eighteen days 'good time credit,'"[30] and that to specify consecutive terms of confinement was an error that the Court of Appeal must review and correct.

The Court of Appeal concluded that "no basis has been found for distinguishing between Youth Authority inmates and adult prisoners in regard to credit for time in confinement."[30] The judgement was therefore modified by deleting the specification for consecutive terms of confinement, and modified as such was affirmed and remanded to the trial court "with directions to compute the appellant’s credit time in accordance with the defense’s arguments before the Court of Appeal."[30]

Recognition and certification[edit]

Board of California Attorneys for Criminal Justice 1975-1976

President of the California Attorneys for Criminal Justice 2002[31][32]

Super Lawyers, San Francisco Magazine 2005-2008 and 2014–2020.[2]

Lawyer of the Year by Best Lawyers 2014[33]

Best Lawyers of America from 1987–present[3]

Bay Area Best Lawyers, Oakland Magazine

Board Certified Specialist, Criminal Law, State Bar of California 1975–present[4]

Personal life[edit]

Schnayerson married Elizabeth Sher on December 17, 1967. They have two children and five grandchildren and currently reside in Oakland, California. He is an avid long-distance cyclist and has, amongst other endurance cycling events, completed the Markleeville Death Ride annually for the past three decades.[34]

External links[edit]

References[edit]

  1. ^ "Justia Lawyers, lawyer directory".
  2. ^ a b "Super lawyers, lawyer directory".
  3. ^ a b Thomas, Wendy (January 11, 1987). "Hayward attorney named one of nation's best". The Daily Review.
  4. ^ a b "Lawyer Legion, about Philip Allen Schnayerson".
  5. ^ "'Frankenchrist' Poster Case". Los Angeles Times. 29 September 1987.
  6. ^ Feldman, Paul (August 27, 1987). "Epitome of Smut, prosecutor says of Punk Rock Poster". Los Angeles Times.
  7. ^ "Album poster leads to Porno Charge Against Punk Singer". Los Angeles Times. June 4, 1986.
  8. ^ Harmetz, Aljean (August 11, 1987). "Trial on Album Nudity Begins in California". New York Times.
  9. ^ a b Feldman, Paul (August 21, 1987). "Album Poster Not Pornographic, Defense Tells Jurors". Los Angeles Times.
  10. ^ Roldan, Jonathan Michael (March 1, 1987). "Radio-Active Fallout and an Uneasy Truce - The Aftermath of the Porn Rock Wars". Loyola of Los Angeles Entertainment Law Review. 7: 253.
  11. ^ Deutsch, Linda (August 21, 1987). "Trial opens for rocker in sexually explicit poster case". Associated Press.
  12. ^ Cusolito, Karen (August 21, 1987). "Prosecution rests its case in punk rocker's obscenity trial". Los Angeles Herald Examiner.
  13. ^ a b Barton, David (August 9, 1987). "Measures of excess: The trial of Jello Biafra". The Sacramento Bee.
  14. ^ "Deadlock in Biafra Trial Results in Dismissal". Los Angeles Times. 28 August 1987.
  15. ^ Cusolito, Karen. "Prosecution an attack on freedom of speech". Los Angeles Herald Examiner.
  16. ^ Schipper, Henry (August 27, 1987). "Jury Begins Deliberations in Biafra Trial". Variety.
  17. ^ Thompson, Mark (August 26, 1987). "Profound or Profane?". The Recorder.
  18. ^ "Poster With Album Not Smut, Jury Told" United Press International". San Francisco Chronicle. United Press International. August 21, 1987.
  19. ^ Feldman, Paul. "Pornography charges Against Singer Biafra Dropped After…". Los Angeles Times.
  20. ^ Cusolito, Karen. "Judge dismissed porn charge against rock singer". Los Angeles Herald Examiner.
  21. ^ Hilburn, Robert. "Biafra slaps record biz 'apathy'". Los Angeles Times.
  22. ^ Everett, Todd. "They call him mellow Jello". The Hollywood Reporter.
  23. ^ Schapiro, Andy (November 6, 1987). "7 out of 12 Jurors Surveyed Prefer Jello". Harvard Law Record.
  24. ^ "285: Know Your Enemy". 14 December 2017.
  25. ^ Ressner, Jeffrey (August 26, 1987). "Defense Takes Stand in Biafra trial". The Hollywood Reporter.
  26. ^ "Know Your Enemy". 25 March 2005.
  27. ^ "People v. Ormonde".
  28. ^ a b "People v. Ormonde".
  29. ^ "People v. Ormonde".
  30. ^ a b c "In re Maurice S."
  31. ^ King, Matthew (March 8, 2002). "Hayward Attorney to Lead Criminal Defense Group". Daily Journal.
  32. ^ Sangree, Hudson (June 18, 2002). "Defense Bar picks Lobbyist Paul Gerowitz as New Leader". Daily Journal.
  33. ^ "Best Lawyers has named individuals as "Lawyers of the Year" in Northern California". Best Lawyers. 2014: 17.
  34. ^ Fischer, Douglas (July 18, 2005). "Road Biking Booms in Bay Area". Inside Bay Area.
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