OADC Weekly Case Law Update

This podcast covers case summaries distributed on 11/8/2024   Cases and Keywords with timestamps: (01:44)   People v. Martinez, 2024 CO 69 (November 4, 2024); Expert testimony, Expert witness admission under CRE 702 and Colorado case law. (06:22)   People v. Segura, 2024 CO 70 (November 4, 2024); Any arguable merit in postconviction Rule 35(c) claim requires that the OSPD is appointed to review al...

This podcast covers case summaries distributed on 11/1/2024   Cases and Keywords with timestamps: (01:25)   People v. Abdul-Rahman, 2024COA118 (October 31, 2024); Parolee is not required to pursue an administrative appeal of a parole revocation with the State Board of Parole before seeking judicial review. (03:56)   UNPUBLISHED People v. Garcia, 22CA2176 (October 17, 2024); When a motion to recuse...

This podcast covers case summaries distributed on 10/18/2024 and 10/25/2024   Cases and Keywords with timestamps: (02:51)   UNPUBLISHED People v. Avila, 22CA0875 (October 3, 2024); Evidence of touch DNA excluded under Rape Shield Statute. (06:10)   UNPUBLISHED People v. Salazar, 21CA0949 (October 17, 2024); Errors in instructions not plain because the error wasn't obvious at the time of trial. (07...

Cases and Keywords with timestamps: (01:28)   UNPUBLISHED People v. Rael, 22CA1069 (October 10, 2024); Motions challenging the POPWO statute as unconstitutional on its face and as applied to client's conduct. (02:44)   People v. Ramcharan, 22CA0534 (October 10, 2024); Sufficiency of offers of proof, Jury instruction on mens rea of knowingly, Denial of request to replace appointed counsel was not e...

This podcast covers case summaries distributed on 10/4/2024.   Cases and Keywords with timestamps: (01:17)   Sellers v. People, 2024 CO 64 (September 30, 2024); Life without the possibility of parole sentence for felony murder is not categorically unconstitutional, nor is the sentence grossly disproportionate following the General Assembly's 2021 reclassification of that offense from an F1 to an F...

This podcast covers case summaries distributed on 9/27/2024.   Cases and Keywords with timestamps: (01:46)   People v. Morris, 2024COA105 (September 26, 2024); Revocation of YOS sentence and imposition of DOC sentence was appropriate even after defendant requested diagnostic validation. (05:35)   UNPUBLISHED People v. Rodgers, 22CA1155 (September 26, 2024); Abbreviated proportionality review for s...

This podcast covers case summaries distributed on 9/20/2024.   Cases and Keywords with timestamps: (00:50)   UNPUB LISHED People v. Barber, 22CA0502 (September 19, 2024); Erlinger, Almendarez-Torres, Apprendi, Blakely, Plain error for sentencing under habitual offender statute when prior offense was not found by a jury, Improper hearsay evidence by presentation of images found on a cloud drive.  ...

This podcast covers case summaries distributed on 9/13/2024.   Cases and Keywords with timestamps: (01:52)   People v. Gregg 23CR289 (Mesa County September 9, 2024); Jury must determine validity of habitual criminal counts. (04:10)   People v. Romero, 2024 CO 62 (September 9, 2024); Batson challenge not sustained where prosecutor struck juror for appearing disinterested. (10:52)   People v. Lewis,...

This podcast covers case summaries distributed on 9/6/2024.   Cases and Keywords with timestamps: (01:32)   Azar v. Ngo, 24COA99 & 24COA100 (September 5, 2024); CRPC 5.6(a) (02:15)   UNPUBLISHED People v. Martinez, 23CA2198 (August 29); Internet luring of a child requires use of explicit sexual language. (04:18)   UNPUBLISHED People v. T.B., 22CA1028 (September 5, 2024); Inadmissible hearsay state...

This podcast covers case summaries distributed on 8/30/2024.   Cases and Keywords with timestamps: (01:42)   People v. Gillespie, 2024COA98 (August 29, 2024); Sufficiency of evidence for knowingly killing dog, Suppression of evidence. (05:36)   UNPUBLISHED People v. Dalton, 23CA0750 (August 8, 2024); Error when IAC claim was denied without evidentiary hearing. (07:28)   UNPUBLISHED People v. Richa...

This podcast covers case summaries distributed on 8/16/2024 and 8/23/2024.   Cases and Keywords with timestamps: (02:22)   People v. Garcia, 2024COA91 (August 15, 2024); By not objecting before the trial, defendant waived any claim that the judge needed to disqualify herself under §13-1-122. (04:22)   Solano v. Newman, 2024COA93 August 15, 2024); DA's obligations under Rule 16 and Brady extend to...

This podcast covers case summaries distributed on 8/2/2024 and 8/9/2024.   Cases and Keywords with timestamps: (02:35)   People v. Plotner, 2024COA77 (August 1, 2024); CRS 18-3-203(1)(f) requires the trial court to impose the assault sentence to run consecutively to all components of that single controlling sentence. (05:10)   Marriage of Matheny, 2024COA81 (August 1, 2024); District court must is...

This podcast covers case summaries distributed on 7/26/2024.   Cases and Keywords with timestamps: (00:56)   UNPUBLISHED People v. Chavira, 23CA0389 (July 25, 2024); Sentencing court committed Blakely error for exceeding presumptive range. (04:46)   United States v. Venjohn, No. 23-8028 (June 12, 2024); Colorado conviction for felony menacing cannot be used to enhance Federal sentence as a crime o...

This podcast covers case summaries distributed on 7/19/2024.   Cases and Keywords with timestamps: (02:29)   Grants Pass v. Johnson, No. 23-175 (June 28, 2024); Enforcement of generally applicable laws regulating camping on public property. (06:14)   Erlinger v. United States, No. 23-370 (June 21, 2024); The Armed Career Criminal Act (ACCA) requires mandatory prison terms where a defendant was pre...

This podcast covers case summaries distributed on 7/13/2024.   Cases and Keywords with timestamps: (06:42)   Clark v. People, 2024 CO 55 (July 1, 2024); Trial judge failed to strike a juror for cause for racially biased statements, Extraneous prejudicial information under CRE 606(b) did not include juror's statement that a judge required a unanimous decision during her previous jury service in ano...

This podcast covers case summaries distributed on 6/28/2024.   Cases and Keywords with timestamps: (03:12)   Martinez v. People, 2024 CO 48 (June 24, 2024); The "force-against-intruders" defense is an element-negating traverse for crimes of negligence and recklessness. (06:30)   People v. Cerda, 2024 CO 49 (June 24, 2024); Despite clear and repeated violations of Miranda, Cerda's statements were n...

This podcast covers case summaries distributed on 6/21/2024.   Cases and Keywords with timestamps: (02:48)   People v. Howell, 2024 CO 42 (June 17, 2024); Definition of dwelling for immunity under the force-against-intruders statute, CRS §18-1-704.5. (05:34)   Connors v. Connors, 2024 CO 44 (June 17, 2024); Service by email is inadequate for an indirect contempt proceeding. (05:48)   Dhyne v. Peop...

This podcast covers case summaries distributed on 6/14/2024.   Cases and Keywords with timestamps: (02:00)   People v. Crabtree, 2024 CO 40 (June 10, 2024); Analysis of Colorado's Rule 52(b), error analysis. (15:58)   People v. Garcia, 2024 CO 41 (June 10, 2024); Judge must recuse if involved in any way in defendant's case as an attorney (prosecution or defense), Defendant waiver of objection. (25...

This podcast covers case summaries distributed on 6/7/2024.   Cases and Keywords with timestamps: (02:02)   In re. People v. Honstein, 2024 CO 34 (June 3, 2024); Calling prosecutor as witness. (05:54)   People v. Johnson, 2024 CO 35 (June 3, 2024); Batson challenges (17:21)   People v. Austin, 2024 CO 36 (June 3, 2024); Companion case to People v. Johnson – Batson challenges. (20:34)   People v. T...

This podcast covers case summaries distributed on 5/31/2024.   Cases and Keywords with timestamps: (01:56)   People v. Johnson, 2024 CO 32 (May 28, 2024); Sufficiency of the evidence for Enticement of a Child. (07:02)   Sanders v. People, 2024 CO 33 (May 28, 2024); Recusal of judge for bias. (13:32)   People v. Warren, 2024COA60 (May 30, 2024); Exception for SORA due to permanent incapacity. (15:4...

This podcast covers case summaries distributed on 5/24/2024.   Cases and Keywords with timestamps: (02:24)   Riggs Oil v. Jonah Energy, 2024COA57 (May 23, 2024); Excusable neglect. (05:52)   UNPUBLISHED People v. Taylor, 22CA0515 (May 23, 2024): Defendant is allowed to testify about alibi even if alibi defense has not been endorsed. (08:38)   UNPUBLISHED People v. Walters, 22CA1568 (May 16, 2024);...

This podcast covers case summaries distributed on 5/17/2024.   Cases and Keywords with timestamps: (01:58)   People v. Sloan, 2024COA52 (May 16, 2024); Problems with live streaming doesn't automatically constitute a closure of the courtroom, Inaccurate jury instructions for vehicular eluding resulting in death. (05:38)   People v. Herold, 2024COA53 (May 16, 2024); Evidence of identity to prove pri...

This podcast covers case summaries distributed on 5/10/2024.   Cases and Keywords with timestamps: (01:50)   Whiteaker v. People, 2024 CO 25 (May 6, 2024); First degree criminal trespass is a lesser included of second degree burglary, Multiplicitous convictions require automatic reversal and merger into a single conviction. (06:31)   Washington v. People, 2024 CO 26 (May 6, 2024); Joinder, Automat...

This podcast covers case summaries distributed on 5/3/2024.   Cases and Keywords with timestamps: (01:40)   People v. Miller, 2024COA45 (May 2, 2024); Prosecutor bolstering victim's credibility, Phone calls do not need to be answered by the victim to constitute evidence of contact for purpose of violation of protection order, Evidentiary issues for first degree burglary as a crime of violence, Mer...

This podcast covers case summaries distributed on 4/30/2024.   Cases and Keywords with timestamps: (01:30)   People v. Shannon, 2024COA41 (April 25, 2024); Jury access to pretext phone call recordings, No requirement to hold Shreck hearing before admitting prosecution's cold expert witness, Equal Protection. (06:20)   Woodall v. Godfrey, 2024COA42 (April 25, 2024); Excessive Force claim standard....