David Carico
California Appellate Lawyer

Philosophy
For more than 35 years, I have devoted my practice to defending individuals convicted of serious...Read more

Representative Cases

State v. Bergquist (2019) 211 A.3d 946 -- I represented the appellant in his appeal to the Vermont Supreme Court from a judgment of conviction for aggravated sexual assault. I successfully argued that a twenty-five-year-old Vermont statute that allowed a child to testify in a criminal case outside the presence of the defendant was unconstitutional.
Corman v. Corman (2015) – I successfully represented the Guardian Ad Litem in two appeals in this lengthy and complex probate litigation: an appeal challenging the court order awarding fees to the Guardian Ad Litem, and an appeal challenging the trustee’s accounting.
Rand v. Board of Psychology (2012) 206 Cal.App.4th 565 -- I represented the appellant in this appeal from the denial of a writ of administrative mandamus.
People v. Minifie (1996) 13 Cal.4th 1055 -- I obtained a unanimous decision
reversing the defendant’s assault with a deadly weapon conviction.
Arnold v. PG&E; Braun v. PG&E (2011) – I drafted the mediation briefs for the plaintiffs resulting in the largest civil settlements in California in 2011.
People v. Landry (2010, Butte County Case No. CM026101) – I successfully represented the defendant on a motion to withdraw his guilty plea to the crime of child molestation. The case was reported on the front page of the Los Angeles Daily Journal. (See Evan George, Attorney May Pay the Price For ‘All of Nothing’ Defense Strategy (June 3, 2010) San Francisco Daily Journal, Vol. 116, No. 106; http://www.lawyerdup.com/2010/06/attorney-told-client-to-accept-plea.html

Testimonials

“David, your appellate work is outstanding,”

Attorney Darold Shirwo, Sherman Oaks (2019)

“The first Excellent plus grade I’ve ever given [for a brief] in my 25 years. ”

California Appellate Project, Los Angeles (2018)

“David Carico has been my research attorney since September 1983. I have come to know him very well, professionally and personally, and give him my highest
recommendation. [par.] Mr. Carico is an excellently qualified attorney. He analyzes exceedingly complex legal issues, structures his thoughts in an orderly fashion, and effectively communicates his ideas. His written and oral presentations are superior. ”

Pauline Davis Hanson, Associate Justice California Court of Appeal, Fifth Appellate District

“Your treatment of the subjective/objective distinction is a superior piece of legal argument and indeed quite a scholarly accomplishment as well, It’s as good as
anything I’ve seen on this subject. I could steal it for my casebook.

Robert Weisberg, Special Assistant to the Provost Stanford University

“The committee would like to commend you on your exemplary work in this case. The petition for a writ of habeas corpus in which you interviewed expert witnesses and prepared and submitted declarations supporting an argument that your client received ineffective assistance from his trial counsel was excellent.”

Hon. Rodney Davis, Char., AIDOAC Judicial Council

“We commend the parties, both here and in the trial court, for their excellent
motions and briefs.

Court of Appeal, Sixth Appellate District (People v. Badgett (1994) 34 Cal.App.4th 903 [30 Cal.Rptr.2d 152, 153, fn. 1.)

“I have found David’s work to be exceptional. He is a valuable asset to all of us who strive to provide our clients with quality representation. He is also a wonderful
asset when trying a case.”

Sam J. Polerino, Esq,, Pres., Santa Clara Bar Association

“Thank you very much for providing this office with the relevant code sections and case law to support the information we requested. The information you provided was directly on point and very helpful to support our position in the Motion we intend to file on behalf of our client. [par.] Should this office come across any clients in the need of the services of an appellate attorney, we will refer them to you. Again, thank you for your time and help.”

William P. Glavin, Esq., Hermes & Glavin, LLP
Education

Bachelor of Arts – Stanford University – 1980

Juris Doctor

University of the Pacific, McGeorge School of Law – 1983 

Law Review

Associate Managing Editor, Law Review, McGeorge School of Law – 1983

Legal Practice Experience

Carico Law, Principal  1988 – Present

Appellate and Litigation Responsibilities 

  • Appeals and writs in state and federal courts  
  • Consultant to trial counsel in all aspects of appellate practice  (perfecting the record, appellate issues, review of briefs, etc.) 
  • Post-trial motions  
  • Evidentiary hearings  
  • Administrative writs 
  • Extensive civil and criminal appellate experience 

Carico Johnson Toomey LLP, of counsel 2005 – 2018 

Appellate Responsibilities

  • Appeals in Probate, Estate, General Business, Real Estate, Employment and Trust litigation 

Crist, Griffiths, Schulz & Biorn, associate April 1987 to May 1989 

Litigation and Appellate Responsibilities 

  • Appellate and writ practice in state court 
  • Real estate litigation in state court 
  • Securities litigation in state and federal court 

Hoge, Fenton, Jones & Appel, Inc., associate January 1986 to April 1987 

Litigation Responsibilities 

  • General civil litigation 
  • Medical malpractice litigation in state court 

Judicial Clerkship California Court of Appeal, Fifth Appellate District, 1983-1984 

  • Research attorney for Justice Pauline Davis Hanson 

Superior Court of California, County of Monterey 

  • Research Attorney 
  • Wrote published and unpublished opinions for the appellate department.  
  • Prepared tentative rulings for the judges in civil and criminal cases 
  • Reviewed and issued memoranda opinions on all complicated law and motion matters before the court 
  • Reviewed challenges to Monterey County General Plan 
Admitted to practice
  • U.S. Supreme Court 
  • Ninth Circuit Court of Appeal 
  • U.S. District Court, Eastern District 
  • U.S. District Court, Northern District 
  • State Bar of California 
CERTIFICATIONS 

Appellate Certifications Earned 

  • Certified Legal Specialist in Appellate Law by The California State Bar Association 

Trial Practice Certification

  • Certificate of Completion — Trial Advocacy Project (TAP) 2010  

Dispute Resolution and Mediation Certifications 

  • Los Angeles County Bar Association, 40-Hour Mediation Training 
Professional associations and memberships 

Current 

  • California State Bar Association 
  • Appellate Section, California State Bar
  • California Appellate Defense Counsel 
  • Los Angeles County Bar Association 
  • California Attorneys for Criminal Justice 
  • National Association of Criminal Defense Lawyers 

Former 

  • Consumer Attorneys of California 
  • American Bar Association 
  • Bar Association of San Francisco 
  • San Francisco Trial Lawyer’s Association 

Independent Contractor