WORK EXPERIENCE:
Supervising Deputy Attorney General: 1998- Present
Deputy Attorney General: 1993-1998
Office of the Attorney General
California Department of Justice
Criminal Division, Appeals, Writs, and Trials Section
Los Angeles, California
Experience: Prepared briefs on numerous cases for the prosecution before the California Court of Appeal, California Supreme Court, Federal District Court, the Ninth Circuit Court of Appeals, and the United States Supreme Court. Orally argued four death penalty cases and one review-grant case in the California Supreme Court, five cases in the Ninth Circuit, and over 65 cases in the California Court of Appeal. Conducted felony trial and conducted several state and federal evidentiary hearings in capital cases. Currently lead counsel for prosecution on three capital cases. Filed written opposition and conducted evidentiary hearings in opposing motions to the Los Angeles City Attorney and Los Angeles County District Attorney's Offices. Conducted investigations of possible criminal charges and investigations to review district attorney filing decisions. Assisted in preparing respondent's brief for United States Supreme Court. Drafted proposed legislative amendments. Supervised a rotating team of deputies (since 1998). Trained numerous deputies on appellate writing. 67 published opinions: 26 as lead counsel; 41 as supervisor.
SAMPLE OF SIGNIFICANT CASES:
People v. Kenneth Earl Gay and Raynard Cummings
Cummings and Gay were convicted of several robberies and the murder of a police officer and were sentenced to death. Since 1996, Lance Winters has responded to attacks in each case, in the California Supreme Court and federal district court. (See In re Kenneth Gay (1998) 19 Cal.4th 771.)
People v. Timothy Noel Thomas
In 2004, Lance Winters successfully prosecuted Thomas for criminal threats and threatening a public official for mailing threatening letters to his prior robbery victims, as well as the detective and prosecutor who had handled his prior case. As a result of his prior convictions and pursuant to the Three Strikes Law, the defendant was sentenced to 55 years to life.
People v. Michael Su Chia
Chia was convicted of the murder of two DEA officers and the attempted murder of a third DEA officer. Since 2002, Lance Winters has responded to attacks on the convictions in the California Court of Appeal, the Ninth Circuit Court of Appeals, and the United States Supreme Court.
People v. Mostafa Noori and Bijan Mehdipanah
The defendants, who were wiring large sums of money (approximately 12 million dollars in one five-month period) to Iran, were convicted of unlawfully soliciting money for transmission to a foreign country without a licence. In a published decision, the Court of Appeal adopted the position advocated by Lance Winters, that the prosecution did not have to prove the defendants knew that they had failed to obtain the necessary license. (People v. Noori (2006) 136 Cal.App.4th 964.)
People v. Javier O. Salas and Stephen C. Patrick
The California Supreme Court granted the petition for review filed by Lance Winters and held that lack of knowledge that a security is non-exempt is an affirmative defense to the crime of selling unqualified non-exempt securities, under Corporations Code sections 25110 and 25540. (People v. Salas (2006) 37 Cal.4th 967, 982.)
People v. Albert Cunningham Jr.
Cunningham was convicted of robbery and murder and was sentenced to death. Since 1996, Lance Winters has handled the case for the prosecution in responding to Cunningham's attacks on the judgment and death sentence in the California Supreme Court and federal district court. (See People v. Cunningham (2001) 25 Cal.4th 926.)