OADC Weekly Case Law Update

This podcast covers case summaries distributed on 4/23/2024.   Cases and Keywords with timestamps: (02:15)   People v. Montoya, 2024COA37 (April 18, 2024); Courtroom closure due to COVID-19, Sufficient evidence to support conviction for failure to leave premises. (06:55)   People v. Burdette, 2024COA38 (April 18, 2024); Time bar for challenge to conviction, Speedy trial issues related to COVID-19,...

This podcast covers case summaries distributed on 4/16/2023.   Cases and Keywords with timestamps: (01:28)   People v. Montoya, 24CO20, 22SC580 (April 15, 2024); Definition of refusal in criminal DUI trials, Rule 106. (04:20)   People v. Martinez, 22CA0667 (April 11, 2024); Conviction on uncharged special interrogatory when defendant knew of the facts of the special interrogatory before the case b...

This podcast covers case summaries distributed on 4/9/2023.   Cases and Keywords with timestamps: (01:56)   People v. Bohler, 2024 CO 18 (April 8, 2024); Suppression of pre-arrest statements incorrect because defendant was not in custody for Miranda purposes. (07:59)   People v. Vega-Dominguez, 2024COA32 (April 4, 2024); The crime of attempted patronizing a prostituted child prohibits the same con...

This podcast covers case summaries distributed on 4/2/2023.   Cases and Keywords with timestamps: (02:36)   UNPUBLISHED People v. Pierson, 22CA1052 (March 14, 2024); Trial counsel was deficient for not consulting an expert, Confabulation, Packaging, Scapegoating. (06:20)   UNPUBLISHED People v. Trujillo, 22CA1532 (March 14, 2024); The anti-subrogation rule precludes a court from ordering restituti...

This podcast covers case summaries distributed on 3/26/2023.   Cases and Keywords with timestamps: (01:09)   People v. Maes, 2024 CO 15 (March 25, 2024); Magistrate's finding of probable cause after a preliminary hearing is a "final order or judgment" under the Colorado Rules for Magistrates and is, therefore, reviewable by a district court. The time for filing a petition for review runs from the...

This podcast covers case summaries distributed on 3/19/2023.   Cases and Keywords with timestamps: (01:18)   People v. Lopez, 2024COA26 (March 14, 2024); Expert testimony about coaching of child witnesses, Jury deliberation issues, Administering the oath to a child witness. (08:52)   People v. Hood, 2024COA27 (March 14, 2024); Error in excluding certain DNA evidence under the Rape Shield Statute....

This podcast covers case summaries distributed on 3/12/2023.   Cases and Keywords with timestamps: (01:24)   Godinez v. Williams, 2024 CO 14 (March 11, 2024); SOLSA (1) permits the parole board to consider maturity and (2) requires consideration of rehabilitation when deciding whether to release a juvenile convicted as an adult who is serving an indeterminate life sentence. (04:33)   UNPUBLISHED P...

This podcast covers case summaries distributed on 3/5/2023.   Cases and Keywords with timestamps: (01:16)   People v. Kirby, 2024COA20 (February 29, 2024); Speedy Trial, Reckless manslaughter and careless driving resulting in death are lesser included offenses of reckless vehicular homicide, Sentencing issues. (07:16)   People v. Melendez, 2024COA21 (February 29, 2024); Margerum is not retroactive...

This podcast covers case summaries distributed on 2/27/2023.   Cases and Keywords with timestamps: (01:50) McElrath v. Georgia No. 22-721 (February 21, 2024); NGRI is an acquittal under the Federal Double Jeopardy clause, even when inconsistent to another jury verdict. (06:34)   People v. Brassill, 2024COA19 (February 22, 2024); Prosecutors are responsible to follow the rules regarding restitution...

This podcast covers case summaries distributed on 2/20/2023.   Cases and Keywords with timestamps: (02:10)   People v. Owens, 2024 CO 10 (February 20, 2024); Batson challenges, Voir dire on racial issues, Evidence admitted under CRE 404(b) and CRE 401–403, Denial of mistrial motions, impeachment of witnesses, cumulative error. (20:29)   People v. Wade, 2024COA13 (February 15, 2024); Trial court's...

This podcast covers case summaries distributed on 2/13/2023.   Cases and Keywords with timestamps: (01:40)   People v. Torrez, 2024COA11 (February 8, 2024); Judge's failure to administer the empaneled jurors' oath, Merger of multiple convictions. (07:54)   UNPUBLISHED People v. Melendez, 20CA1677 (February 8, 2024); Summary data provided by CVCB is insufficient evidence when it fails to identify s...

This podcast covers case summaries distributed on 2/7/2023.   Cases and Keywords with timestamps: (01:23)   Martinez v. People, 2024 CO 6 (February 5, 2024); Proximate cause of damage for purposes of restitution, Standard of review for sufficiency of the evidence challenges. (12:52)   UNPUBLISHED People v. Rogers, 20CA1843 (January 25, 2024) (prior opinion issued on October 5, 2023, withdrawn); Ex...

This podcast covers case summaries distributed on 1/30/2024.   Cases and Keywords with timestamps: (02:16)   People v. Porter, 2023SA299 (January 25, 2024); Prosecutor must certify in the Notice of Appeal that suppressed evidence was a substantial part of the proof of the charge pending against the defendant. (03:16)   People v. Roper, 2024COA9 (January 25, 2024); Court closure must be justified u...

This podcast covers case summaries distributed on 1/24/2023.   Cases and Keywords with timestamps: (01:30)   People v. Smith, 2024 CO 3 (January 22, 2024); Pro Se postconviction petition issues can be abandoned without the client's consent by not affirmatively stating an intent to not abandon the claims. (05:20)   People v. Fregosi, 2024COA6 (January 18, 2024); Requiring defendant to pay restituti...

This podcast covers case summaries distributed on 1/17/2023.   Cases and Keywords with timestamps: (02:20)   Commonwealth v. Mattis, --- N.E.3d ----, 2024 WL 118188 (2024); The Massachusetts Supreme Court establishes that a life without parole sentence for people between the ages of 18 and 20 violates the cruel and unusual punishment clause of the Massachusetts Constitution. (08:16)   Johnson v. B...

This podcast covers case summaries distributed on 1/9/2023.   Cases and Keywords with timestamps: (01:08)   People v. Young, 2024COA1 (January 4, 2024); Voluntariness of sobriety test during DUI stop, COVID pandemic cessation of breath tests for DUI testing. (05:05)   State v. Dorff, 526 P.3d 988 (Idaho 2023), cert. denied, 144 S. Ct. 249 (2023); Dog sniff search as trespass.   Links:   People v....

This podcast covers case summaries distributed on 1/2/2024.   Cases and Keywords with timestamps: (02:41)   People v. Gonzalez-Quezada, 2023COA124 (December 28, 2023); Heat of Passion mitigator for second degree murder, Witness testimony when Fifth Amendment may be invoked, Confrontation Clause and CRE 403, Expelled juror from Webex during trial was not violation of public trial right. (11:32)   U...

This podcast covers case summaries distributed on 12/26/2023.   Cases and Keywords with timestamps: (02:38)   People v. Shockey, 2023COA121 (December 21, 2023); Complicity liability, Jury instructions, Inconsistent verdicts, Double jeopardy. (07:46)   People v. Duncan, 2023COA122 (December 21, 2023); The word "protracted" in the definition of serious bodily injury means a "prolonged, continued, or...

This podcast covers case summaries distributed on 12/19/2023.   Cases and Keywords with timestamps: (02:20)   People v. Sanders, 2023 CO 62 (December 18, 2023); Government must raise all issues in interlocutory appeal. (04:00)   People v. Gemelli, 2023COA119 (December 14, 2023); Defendant can be made to choose between appointed counsel and a continuance or maintaining the trial date and proceeding...

This podcast covers case summaries distributed on 12/13/2023.   Cases and Keywords with timestamps: (01:36)   In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16. (16:06)   People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental state expert testimony. (23:37)   People v....

This podcast covers case summaries distributed on 12/6/2023.   Cases and Keywords with timestamps: (02:25)   People v. Poot-Baca, 2023COA112 (November 30, 2023); Possession and use of financial instrument are not the same offense, identification of perpetrator. (09:39)   People v. Cooper, 2023COA113 (November 30, 2023); Res Gestae bar not retroactive. (11:17)   People v. Pfeiffer, 20CA844 (Novembe...

This podcast covers case summaries distributed on 11/28/2023.   Cases and Keywords with timestamps: (01:00) People v. Mion, 2023COA110 (November 22, 2023); Involuntary intoxication instruction when some intoxicants were voluntarily ingested and others were not.   Links:   People v. Mion, 2023COA110 https://files.constantcontact.com/45bb5db5401/dca66cdc-902f-4888-9816-7d22de780120.pdf?rdr=true   Mo...

This podcast covers case summaries distributed on 11/21/2023.   Cases and Keywords with timestamps: (02:01)   UNPUBLISHED People v. Ellis, 20CA2027 (November 9, 2023); The trial court reversibly erred by allowing the prosecutor to elicit Ellis's mother's hearsay statements in violation of his Confrontation Clause rights. (05:12)   UNPUBLISHED People v. Hudson, 21CA749 (November 9, 2023); The divis...

This podcast covers case summaries distributed on 11/15/2023.   Cases and Keywords with timestamps: (02:24)   People v. Jones, 2023COA104; Self-defense jury instruction, Force against intruder jury instruction, Admission of victim's hearsay statements. (07:51)   People v. Munoz-Diaz, 2023COA105; Police promise not to extradite was not a coercive promise overcoming the defendant's will. (10:34)   P...

This podcast covers case summaries distributed on 11/7/2023.   Cases and Keywords with timestamps: (01:44)   People v. Bice, 2023COA98 (October 26, 2023); Conspiracy to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a specified amount of a controlled substance remains a DF(1) under section 18-18-405(1)(a), despite the plain lang...