OADC Weekly Case Law Update

This podcast covers case summaries distributed on 5/9/2025   Cases and Keywords: People v. Beverly, 2025 CO 18 (May 5, 2025) If a person commits suicide by ingesting fentanyl, the suicide can be an intervening cause that renders the distribution of fentanyl not the proximate cause of death for purposes of section 18-18-405(2)(a)(III)(A). U.S. v. Santiago, No. 24-6015 (April 30, 2025) No objectivel...

This podcast covers case summaries distributed on 5/2/2025   Cases and Keywords: Marquez v. Schafer, 2025COA44 (May 1, 2025); The district court dismissed the petition finding Marquez's municipal ordinance conviction constitutes a misdemeanor under local law, as set forth in §921(a)(33)(A)(i) after the 2022 amendments. The division agreed with CBI and affirmed. Johnson v. Staab, 2025COA45 (May 1,...

Welcome to our new, abbreviated format! If you would like to comment on the changes, please use the contact link below or email us care of Jonathan. Thanks! Shawndell and Sarah   This podcast covers case summaries distributed on 4/25/2025   Cases: Waugh v. Veith, 2025COA41 (April 24, 2025); Actions under section 13-21-131. Estate of Harmon v. Salt Lake City, No. 23-4125; Qualified immunity and sum...

This podcast covers case summaries distributed on 4/18/2025   Cases and Keywords with timestamps: (01:24)   People v. Hernandez, 2025 CO 13 (April 14, 2025); Appeal filed in the Supreme Court should have been filed in the Court of Appeals. (02:23)   In re. People in Interest of J.D. 2025 CO 14 (April 14, 2025); Juvenile competency evaluations can be prepared by the Department of Human Services wit...

This podcast covers case summaries distributed on 4/11/2025   Cases and Keywords with timestamps: (02:09)   People v. Harmon, 2025COA38 (April 10, 2025); Introduction of deceased witness's testimony given at a prior civil trial. (08:32)   People v. Spomer, 2025COA39 (April 10, 2025); Is an arrest warrant, standing alone, a detainer under the IAD for purposes of notice requirements. (12:32)   UNPUB...

This podcast covers case summaries distributed on 4/4/2025   Cases and Keywords with timestamps: (01:32)   People v. Claycomb 2025COA 36 (April 3, 2025); Jury instruction for "without due regard" and intervening cause, Court's instruction to continue deliberation. (11:56)   UNPUBLISHED People v. Meza-Franco, 23CA1705 (April 3, 2025); Investigator testimony usurped role of jury. (17:24)   UNPUBLISH...

This podcast covers case summaries distributed on 3/28/2025   Cases and Keywords with timestamps: (01:54)   People v. Duran, 2025COA34 (March 27, 2025); Alleging deficient performance of plea counsel in PC petition, proportionality of sentence. (05:48)   UNPUBLISHED People v. Yribia, 23CA0732 (March 27, 2025); Inviting error with bifurcation of elements. (07:14)   Bondi v. Vanderstok, No. 23–852 (...

This podcast covers case summaries distributed on 3/21/2025   Cases and Keywords with timestamps: (02:09)   People v. Cichuniec, 2025COA33 (March 20, 2025); The filing of a valid direct criminal appeal does not divest the district court of jurisdiction to assess costs against a defendant. (02:54)   People v. Rodriguez-Ortiz, 2025COA30 (March 20, 2025); Search warrant requirements for cell phone re...

This podcast covers case summaries distributed on 3/14/2025   Cases and Keywords with timestamps: (02:20)   People v. Williams, 2025COA26 (March 13, 2025); Evidence sufficient to establish involuntary intoxication. (06:35)   UNPUBLISHED People v. Woodward, 21CA1198 (March 13, 2025); Cross-examination of witnesses, Instruction on refusal of blood draw which did not address defendant's recantation o...

This podcast covers case summaries distributed on 3/7/2025   Cases and Keywords with timestamps: (01:56)   In re. People v. Silva-Jaquez, 2025 CO 11 (March 3, 2025); Discovery and Disclosures in a 35(c) proceeding. (06:02)   Snedeker v. People, 2025 CO 10 (March 3, 2025); Corrections to sentences rendered illegal by Allman . (12:34)   UNPUBLISHED People v. Garcia-Sanchez, 22CA1681 (March 6, 2025);...

This podcast covers case summaries distributed on 2/28/2025   Cases and Keywords with timestamps: (01:25)   People v. Trujillo, 2025COA22 (February 27, 2025); Jury instructions for retaliation against a witness or victim and for attempt to commit retaliation against a witness or victim. (07:28)   People v. Gray, 2025COA23 (February 27, 2025); Cross examination of a witness about their probation st...

This podcast covers case summaries distributed on 2/21/2025   Cases and Keywords with timestamps: (00:48)   Giron v. Hice and Olathe, 2025COA17 (February 20, 2025); No governmental immunity for a fatal collision during officer's high speed pursuit of a speeding vehicle without emergency siren or sufficient use of emergency lights. (02:58)   UNPUBLISHED People v. Campos, 22CA1978 (February 20, 2025...

This podcast covers case summaries distributed on 2/14/2025   Cases and Keywords with timestamps: (01:51)   Densmore v. People, 2025 CO 6 (February 10, 2025); Whether a DHS child welfare case worker was acting as an agent of law enforcement when she elicited inculpatory statements. (06:01)   Frazee v. People, 2025 CO 7 (February 10, 2025); Whether a DHS child welfare case worker was acting as an a...

This podcast covers case summaries distributed on 2/7/2025   Cases and Keywords with timestamps: (02:17)   People v. Pham, 2025 CO 4 (February 3, 2025); Suppression of fruit of unsupported dog search of vehicle. (08:08) People v. Mena, 2025COA14 (February 6, 2025); Evidentiary issues, Conviction of USCC was supported by the evidence, Interpretation of statutory language of "coercion," Equal protec...

This podcast covers case summaries distributed on 1/31/2025   Cases and Keywords with timestamps: (01:52)   People v. Ragsdal, 2025COA9 (January 30, 2025); Restitution above the statutory limit for the charge is justified by need to compensate the victim for actual losses, Denial of motion for mistrial upheld when defense counsel admitted, during trial, to inefficient assistance of counsel but did...

This podcast covers case summaries distributed on 1/25/2025   Cases and Keywords with timestamps: (02:34)   People v. Rodriguez-Morelos, 2025 CO 2 (January 23, 2025); Under section 18-5-902(1)(a), identity theft can only be committed against a person and not some other form of entity. (04:38)   Nonhuman Rights Project v. Cheyenne Mountain Zoo, 2025 CO 3 (January 21, 2025); Colorado's habeas statut...

This podcast covers case summaries distributed on 1/17/2025   Cases and Keywords with timestamps: (00:53)   UNPUBLISHED People v. Walker , 22CA0208 (January 9, 2025); 404b and Res Gestae evidence, a Batson challenge, Juror contact with a detective witness, presumptive blood evidence and the reagent Bluestar, exclusion of evidence. (10:16)   UNPUBLISHED People v. Anderson , 23CA0906 (January 9, 202...

This podcast covers case summaries distributed on 1/10/2025.   Cases and Keywords with timestamps: (00:52)   People v. Johnson , 19CA0768 (January 2, 2025); Denial of Batson challenge, Failure to instruct jury on self-defense, Prosecutorial misconduct. (10:10)   UNPUBLISHED  People v. Rogers , 21CA1666 (January 2, 2025); Denial of motion to suppress confession, Failure to tender Defendant's propos...

This podcast covers case summaries distributed on 12/27/2024   Cases and Keywords with timestamps: (01:51)   The Gazzette v. Bourgerie, 2024 CO 78 (December 23, 2024); Colorado Peace Officers Standards and Training Board ("POST") qualifies as a criminal justice agency and falls under CCJRA instead of CORA. (02:34)   Al-Hamim v. Star Healthstone, 2024COA128 (December 26, 2024); Briefs containing GA...

This podcast covers case summaries distributed on 12/20/2024   Cases and Keywords with timestamps: (01:35)   McDonald v. People, 2024 CO 75 (December 16, 2024); Wells-Yates's holdings don't apply retroactively to cases on collateral review. (04:37)   Ward v. People 2024 CO 76 (December 16, 2024); Wells-Yates's holdings don't apply retroactively to cases on collateral review. (05:48)   In re. Mercy...

This podcast covers case summaries distributed on 12/13/2024   Cases and Keywords with timestamps: (01:26)   People v. Former Judge Woods, 2024 CO 72 (December 9, 2024); Per curium opinion issuing a public censure. (02:46)   People v. Barnett, 2024 CO 73 (December 9, 2024); Reasonable suspicion for investigatory seizure, Order to exit vehicle is not an additional seizure. (07:03)   Archuleta v. Ro...

This podcast covers case summaries distributed on 12/6/2024   Cases and Keywords with timestamps: (01:13)   UNPUBLISHED People v. Jebe, 23CA1676 (December 5, 2024); Government's deadline for filing appeal was not extended by the prosecution's motion for reconsideration and JEEN was not shown for the untimely filing. (03:45)   UNPUBLISHED People v. Ramirez, 23CA1325 (December 5, 2024); The division...

This podcast covers case summaries distributed on 11/27/2024   Cases and Keywords with timestamps: (01:26)   Migoya v. Wheeler, 2024COA124 (November 27, 2024); Section 22-9-109, the Colorado Licensed Personnel Performance Evaluation Act (CLPPEA) carves out an exception to CORA for the evaluation reports of school districts' licensed personnel, as well as the public records used in preparing those...

This podcast covers case summaries distributed on 11/22/2024   Cases and Keywords with timestamps: (01:08)   UNPUBLISHED People v. Sepulveda, 23CA1429 (November 21, 2024); Trial court jurisdiction to rule on motion to return seized property. (03:05)   UNPUBLISHED People v Vandervelde 23CA1759 (November 21, 2024); Statutory authority to order payment of costs of prosecution under C.R.S. 18-1.3-701(...

This podcast covers case summaries distributed on 11/15/2024   Links:   Westlaw Precision training resources: https://answers.legalprof.thomsonreuters.com/wlp   or https://training.thomsonreuters.com/legal-westlaw-precision   Contact Shawndell Irving here: Shawndell Irving Music by Scott Holmes.   Used under a Creative Commons license.   Download today's music at: http://freemusicarchive.org/   NO...