OADC Weekly Case Law Update

This podcast covers case summaries distributed on 11/15/19. Cases Cited:        People v. Worosello , 2019COA166; People v. Payne , 2019COA167; Keywords:        Tolling of §16-5-402, Section 13-81-103(1)(a), Justifiable Excuse or Excusable Neglect, DA waiver of initial closing statement, Usurping the Jury's role, Failure to Define Elements, Prosecutorial Misconduct. Special Guest: Erin Campbell, O...

This podcast covers case summaries distributed on 11/8/19. Cases Cited:        Wells-Yates v. People , 2019 CO 90; People v. McCrae , 2019 CO 91; Melton v. People , 2019 CO 89; United States v. Padilla , No. 18-5009. Keywords:        Proportionality Review, Per Se Grave or Serious Offenses, Police Reports unreliable for sentencing. Links: Colorado Criminal Justice Reports: https://www.colorado.gov...

This podcast covers case summaries distributed on 11/1/19. Cases Cited:        People v. Allen , 2019 CO 88; People v. Stroud , 16CA0738; People v. Gladney , 16CA1442; People v. Allen , 17CA0441; People v. Maestas , 16CA0007; People v. Foulk , 16CA2122. Keywords:     Inventory Search, Protective Search, Automobile Exception, Investigatory Stop, Unconstitutional Search, IAC: Prejudice from omitted...

This podcast covers case summaries distributed on 10/25/19. Cases Cited:        People v. Johnson, 2019COA159; People v. Shanks, 2019COA160; People v. Dyer, 2019COA161. Keywords:        Impeachment Exception to 4th Amendment Suppression remedy, Impeachment evidence, Alternate suspect evidence, Historical Cell Tower Data Expert Testimony, Identification Evidence, In-Court identification, Alternate...

This podcast covers case summaries distributed on 10/18/19. Cases Cited:        People v. Rojas , 2019 CO 86; Butler v. People , 2019 CO 87; People v. Quezada-Caro , 2019COA155; People v. Harmon , 2019COA156. Keywords:        Theft v. Theft of Food Stamps, Scope of complicitor liability, Money-Laundering, Felony DUI Predicate Offense Determination, Apprendi does not require that a jury determine p...

This podcast covers case summaries distributed on 10/11/19. Cases Cited:        People v. Davis , 2019 CO 84; Deleon v. People , 2019 CO 85; People v. Knox , 2019COA152. Keywords:        Miranda : In-Custody analysis, Fourth Amendment: Reasonableness of investigatory detention, Preservation, Adequacy of the no-adverse-inference instruction, Attempt to influence a public servant, Criminal extortion...

This podcast covers case summaries distributed on 10/4/19. Cases Cited:        People v. Delgado, 2019 CO 82; Carrera v. People, 2019 CO 83; People v. N.T.B., 2019COA150; People v. Colvin, 16CA0008. Keywords:        Inconsistent guilty verdicts, Carrying instruction, Extension of Deferred Judgment and Sentence, Authenticity of cloud-based information, Hearsay, Rape Shield – Excluding a defendant's...

This podcast covers case summaries distributed on 9/27/19. Cases Cited:                 Allman v. People , 2019 CO 78; People v. Iannicelli and People v. Brandt , 2019 CO 80; Al-turki v. People , 2019 CO 77; Brooks v. People , 2019 CO 75; People v. Crittenden-Morman , 16CA1747. Keywords:       Identity Theft by use, Mandatory Concurrent Sentences, Probation consecutive to imprisonment, The definit...

This podcast covers case summaries distributed on 9/20/19. Cases Cited:        People v. Boylan , 17CA0645; People v. Study, Jr. , 16CA0528; U.S. v. Elliott , No. 18-2105; U.S. v. Malone , No. 18-3213; Florida v. Worsham , No. 4D15-2733. Keywords:        CRE 404(a) Character Evidence: opening the door, Prior consistent Statements, CRE 403, Unit of Prosecution for Possession of Devices containing C...

This podcast covers case summaries distributed on 9/13/19. Cases Cited:     Brooks v. People, 2019 CO 75; People v. Burnell, 2019COA142; People v. Mosely, 2019COA143; People v. Leyba, 2019COA144; People v. Avila, 2019COA145. Keywords:       Habitual Offender, Right to be present for verdict, CRE 403, Prosecutorial Misconduct: mistrial or curative instruction, Unanimity: Self-Defense Affirmative De...

This podcast covers case summaries distributed on 9/6/19. Cases Cited:        People v. Ojeda, 2019COA137; People v. Marx, 2019COA138; People v. McEntee 2019COA139; People v. Vidauri, 2019COA40. Keywords:        Batson, Improper Expert Testimony, Rape Shield Statute, Accuser's untruthful character, Unlawful Sexual Contact, Sufficiency of the Evidence, Expert Testimony, Prosecutorial Misconduct. Mu...

This podcast covers case summaries distributed on 8/30/19. Cases Cited:        People v. Genrich, 2019COA132; People v. West, 2019COA131; People v. Sharp, 2019COA133; People in Interest of D.L.C., 2019COA135. Keywords:        Tool mark evidence, Motion for New Trial, Post-Conviction Statute of Limitations, Motion for New Trial for Newly Discovered Evidence, Right to Self-Representation, IAC – Fail...

This podcast covers case summaries distributed on 8/16/19 and 8/23/19. Cases Cited:        United States v. Blair, No. 18-1220; People v. Whisler, 2019COA126; People v. Salazar, 17CA1237; People v. Skinner, 17CA1057; People v. Abad, 18CA1253; People v. Campbell, 18CA0663; People v. Moquist, 16CA0876; People v. Anderson 17CA0469; People v. Lee, 2019COA130; People v. Burgette, 17CA0973; Keywords:   ...

This podcast covers case summaries distributed on 8/2/19 and 8/9/19. Cases Cited:        People v. Huggins, 2019COA116; People v. Yakas, 2019COA117; Gandy v. Williams, 2019COA118; People v. Guillard, 19CA0363; People v. Thames, 2019COA124; People v. Martinez, 17CA2172; People v. Prentiss, 17CA1980. Keywords:        Due Process Violation: Undue Delay in postconviction ruling, IAC Appellate Counsel,...

This podcast covers case summaries distributed on 7/26/19. Cases Cited:  People in the Interest of R.F., 2019COA110; People v. Hernandez, 2019COA111, People v. Sanchez, 17CA0419. Keywords:  Forced Medication – Competency Restoration, Sell vs Hardesty tests, Right to be Present at a Restitution Hearing, Waiver of presence by Counsel, Validity of Section 18-1.3-603(10), Due Process, Constitutional R...

This podcast covers case summaries distributed on 7/17/19. Cases Cited:        People v. Church, 16CA2189; People v. Harmon, 16CA1400, People v. Weigum, 15CA0097 (Referencing People v. Theander, 2013 CO 15); United States v. Hansen, 17-4159. Keywords: Amended Information, Illegal Sentence, Concurrent Sentences, Miranda In-Custody Determination, Sovereign Citizen Defense, Faretta Hearing, Proceedin...

Special thanks to interns Joe Soloway, McCall Hoops, and Nicholas Turco. Music by Scott Holmes.  Used under a Creative Commons license.  Download today's music at: http://freemusicarchive.org/

Special Guests Kimberly Simmons and Maria Consuelos join us in the Studio to talk about the OADC's Municipal Court program and Senate Bill 18-203 and the resulting statutory changes.  For more information, please see the complete statute below. CRS 13-10-114.5 ACLU's report Justice Derailed. Music by Scott Holmes.  Used under a Creative Commons license.  Download today's music at: http://freemusic...

This podcast covers case summaries distributed on 7/12/19. Cases Cited:        People v. Hamilton, 2019COA101; People v. Bott , 2019COA100; People v. Medina , 2019COA103; People v. Flynn , 2019COA105; People v. Sifuentes , 2019COA106; People v. Graves , 16CA1825. Keywords: Phone content reports: Hearsay, Phone content reports: Reliability and Authenticity, Reversible error, 404(b): prior sex assau...

This podcast covers case summaries distributed on 7/3/19. Cases Cited:        Howard-Walker v. People , 2019 CO 69; Phillips v. People , 2019 CO 72; Cardman v. People , 2019 CO 73; People v. Mazzarelli , 2019 CO 71; Diehl v. Weiser , 2019 CO 70. Keywords: Cumulative Error, Boilerplate does not preserve issues for appellate review, Unpreserved rights may be waived or forfeited, Admissibility of pol...

This podcast covers case summaries distributed on 6/28/19. Cases Cited:        Mitchell v. Wisconsin, No. 18-6210; Iancu v. Brunetti, No. 18-302; United States v. Davis, No. 18-431; United States v. Haymond, 17-1672; Jones v. Williams, 2019 CO 61; In re Matter of Feldman, 2019 CO 62; People v. Brown, 2019 CO 63; Garcia v. People, 2019 CO 64; Campbell v. People, 2019 CO 66; People v. Villela, 2019C...

This podcast covers case summaries distributed on 6/22/19. Cases Cited:         People v. Haack , 2019 CO 52; People In the Interest of T. B. , 2019 CO 53; People in Interest of T. T. 2019 CO 54; Kutzly v. People , 2019 CO 55, People v. Alvarado Hinojos , 2019 CO 60; People v. Chavez-Torrez , 2019 CO 59; People In Interest of T.B. 2019COA89; People v. Hamm , 2019COA90; Flowers v. Mississippi , No....

This podcast covers case summaries distributed on 6/13/19. Cases Cited:        People v. Morehead, 2019 CO 48; In re: People v. Brown, 2019 CO 50; Ruybalid v. Bd. of Cty. Comm'rs, 2019 CO 49; People v. Johnson, 15CA1161; Carbajal v. Utesch, 17CA0965. Keywords: Case Doctrine, Confidentiality of Reverse Transfer Materials, Waiver of Confidentiality, Testimony of obtaining warrants, First-Degree Kidn...

This podcast covers case summaries distributed on 6/7/19. Cases Cited:        McCoy v. People, 2019 CO 44; Maestas v. People, 2019 CO 45; People v. Luna, 17CA1413; Commonwealth v. Hicks, 56 MAP 2017, 2019 WL 2305953. Keywords: Standard of Review for Insufficiency of Evidence Claims, The Scope of §18-3-401(1)(g), Overbreadth, Vagueness, Sufficiency of the evidence, Asportation. 1275 Final Sealing B...

This podcast covers case summaries distributed on 5/31/19. Cases Cited:        People v. Lawrence, 2019COA84; People in the Interest of L.R.B. 2019COA85; People v. Canody , 18CA0458; People v. Vaughan , 18CA0299; People v. Coons , 15CA1922; Nieves v. Bartlett , No. 17-1174. Keywords:        Securities Fraud - Sufficiency of the Evidence, Theft – Sufficiency of the Evidence, Securities Fraud – Will...