OADC Weekly Case Law Update

This podcast covers case summaries distributed on 10/31/2023.   Cases and Keywords with timestamps: (01:18)   UNPUBLISHED People v. C.E.G., 21CA0250 (October 5, 2023); Suvi Miller's testimony impermissibly bolstered the victim's credibility when she answered the prosecutors questions about C.M.'s specific disclosures by opining on C.M.'s behavior. (06:36)   UNPUBLISHED People v. Jaszczyk, 22CA17 (...

This podcast covers case summaries distributed on 10/24/2023.   Cases and Keywords with timestamps: (01:46)   People v. Walthour, 2023 CO 55; County Court's authority to suppress evidence. (7:48)      People v. Price, 2023COA96; McDonald standard in COCCA cases not retroactive, Merger, Patronizing has substantially different conduct than pimping, sufficiency of evidence. (15:10)   People v. Tanner...

This podcast covers case summaries distributed on 10/17/2023.   Cases and Keywords with timestamps: (01:46)   People v. Seymour 2023 CO 53; Good Faith exception to allow evidence obtained through Google reverse keyword search. (18:44)   People v. McPherson, 20CA0506; Evidence required to establish SBI, SBI requires substantial risk of protracted impairment or loss of function. (20:58)   People v....

This podcast covers case summaries distributed on 10/10/2023.   Cases and Keywords with timestamps: (01:34)   People v. Hollis, 2023COA91; "Buy money" does not qualify for a victim's pecuniary loss under the restitution statute and is not an extraordinary prosecution cost. (03:12)   People v. Mortenson, 2023COA92; Robbery requires evidence of a "taking" of something from the person or presence of...

This podcast covers case summaries distributed on 10/4/2023.   Cases and Keywords with timestamps: (02:08)   People v. Caswell , 2023 CO 50; Second or subsequent charge of animal cruelty escalates charge from class 1 misdemeanor to class 6 felony, Determination of previous offenses is a sentence enhancer and not an element that must be proven to a jury. (07:52)   Dorsey v. People, 2023 CO 51; Prio...

This podcast covers case summaries distributed on 9/26/2023.   Cases and Keywords with timestamps: (02:20)   People v. Schnorenberg, 2023COA82; Testimony regarding advice from counsel can be admitted to show state of mind in securities fraud prosecutions, Statutory tolling for counts before 2013, Admissibility of expert testimony from securities fraud experts. (06:32)   People v. Kennedy 2023COA83...

This podcast covers case summaries distributed on 9/19/2023.   Cases and Keywords with timestamps: (01:37)   People v. Bastein, 22CA0959; CORRECTION – Denial of 35(a) motion for illegal increase of sentence under COV provision. (05:20)   People v. Bastein, 22CA0959; Speedy trial of joined cases, use of a pole camera and expectation of privacy, COCCA conviction due to associated-in-fact enterprise...

This podcast covers case summaries distributed on 9/12/2023.   Cases and Keywords with timestamps: (01:09)   Medina v. People, 2023 CO 46; Basis of factual guilt for Alford Plea. (06:30)   H.J.B., v. People in Interest of A-J.A.B., 2023 CO 48; Due diligence required to determine if child is of Indian ancestry in D&N proceedings. (09:32)   Cert grants and Rule 21 Proceedings                Tennyson...

This podcast covers case summaries distributed on 8/29/2023 and 9/5/23.   Cases and Keywords with timestamps: (02:12)   People v. Bonde, 2023COA75; Presentence Confinement Credit calculation for non-residential time. (04:22)   People v. Smith, 19CA1788; Duress Affirmative Defense Instruction, Prosecutor's use of post-Miranda silence as proof of guilt, Prosecutor's misconduct. (14:08)   People v. T...

This podcast covers case summaries distributed on 8/22/2023.   Cases and Keywords with timestamps: (00:46)   People v. Lee, 21CA0285; IAC for failure to ask for plea agreement.   Contact Shawndell Irving here: Shawndell Irving   Music by Scott Holmes.   Used under a Creative Commons license.   Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 8/15/2023.   Cases and Keywords with timestamps: (01:08)   People v. Clutts, 21CA1342; Choice of Evils Defense. (07:38)   People v. Ruffin, 21CA1675; Intelligent and Knowing waiver of counsel.   Contact Shawndell Irving here: Shawndell Irving   Music by Scott Holmes.   Used under a Creative Commons license.   Download today's music at: http://freem...

This podcast covers case summaries distributed on 8/9/2023.   Cases: (01:39)   People v. Greggs, 21CA1255; IAC sentencing counsel for inadequate mitigation at sentencing hearing. (10:32)   People v. Bastein, 22CA0959; Illegal sentence where offense is not per se COV and no separate COV count was filed for the charge. (14:38)   People v. Collier, 22CA0837; Illegal sentence claims can be raised even...

This podcast covers case summaries distributed on 8/1/2023.   Cases and Keywords with timestamps: (00:48)   Henderson v. Thompson, 518 P.3d 1011, 1016–17 (Wash. 2022), cert. denied, 143 S. Ct. 2412 (2023); racial bias. (03:54)   Lombardo v. Missouri, No. 22-510 (June 30, 2023), cert. denied; Violation of Constitutional rights due to death in custody. (06:48)   Stokes v. Kansas City Police, No. 22-...

This podcast covers case summaries distributed on 7/25/2023.   Cases and Keywords with timestamps: (02:44)   People v. Roberson, 2023COA70; Requirement for restitution order within 91 days not waived by defendant. (07:20)   People v. Campbell, 21CA1911; Abbreviated proportionality review available to defendant because conviction as not final when Wells-Yates was issued. (11:53)   People v. Garcia-...

This podcast covers case summaries distributed on 7/15/2023.   Cases and Keywords with timestamps: (01:46)   People in Interest of Uwayezuk, 2023COA69; IAC claims on direct appeal from involuntary medication proceedings. (07:49)   Dodge v. Padilla, 2023COA67; Colorado Governmental Immunity Act (CGIA). (08:40)   People v. Clark, 19CA1570; Error in Expert testimony regarding child sexual abuse and f...

This podcast covers case summaries distributed on 7/7/2023.   Cases and Keywords with timestamps: (03:26)   People v. Ray, 21CA0269; Summary denial of postconviction claims of ineffective assistance of trial counsel for failing to call an expert. (05:58)   People v. Barrientos, 22CA0389; Summary denial of postconviction claims of ineffective assistance of plea counsel for failing to investigate al...

This podcast covers case summaries distributed on 7/1/2023.   Cases and Keywords with timestamps: (02:16)   Counterman v. Colorado, No. 22-138; True Threat statements under the First Amendment, Recklessness is sufficient mens rea for true threats. (16:20)   Jones v. Hendrix, 21-857; Subsequent claims under Federal §2255 and §2241. (21:06)   People v. White, 2023 CO 43; Scope and character of an in...

This podcast covers case summaries distributed on 6/24/2023.   Cases and Keywords with timestamps:   (02:58)   People v. Smith, 2023 CO 40; First degree murder charges for offenses after July 1, 2020, are not capital offenses for purposes of setting bond. (06:34)   People v. Vanderpauye, 2023 CO 42; No automatic prohibition on a defendant's "self-serving" hearsay. (13:06)   People v. McLaughlin, 2...

This podcast covers case summaries distributed on 6/17/2023.   Cases and Keywords with timestamps: (01:58)   Smith v. U.S., No. 21 – 1576 (June 15, 2023); Remedy for a violation of the Venue and Vicinage Clauses. (04:58)   Haaland v. Brackeen, No. 21-376 (June 15, 2023); Indian Child Welfare Act (ICWA). (05:44)   Lac Du Flambeau Band of Chippewa Indians v. Coughlin, No. 22-227 (June 15, 2023); The...

This podcast covers case summaries distributed on 6/9/2023.   Cases and Keywords with timestamps: (01:50)   Garcia v. People, 2023 CO 30; Definition of Universal Malice. (05:02)   People v. Kelley, 2023 CO 32; Defense of Involuntary Intoxication waives Physician-Patient Privilege, Admissibility of refusal to consent to release of medical records at trial. (08:44)   People v. Babcock, 2023COA49; Re...

This podcast covers case summaries distributed on 6/2/2023.   Cases and Keywords with timestamps: (02:22)   People v. Toro-Ospina, 2023COA45; Batson challenges, Juror disclosure of race and ethnicity on juror questionnaire, Implicit bias jury instruction, Exclusion of evidence of victim's character, Prosecutorial misconduct during closing argument. (11:58)   People v. Snedeker, 2023COA46; Prison a...

This podcast covers case summaries distributed on 5/26/2023. Cases and Keywords with timestamps: (01:16)    People v. Johnson, 2023COA43; Restitution. (08:46)    People v. Jefferson, ; Out of court Statements, Prosecutorial misconduct, Cumulative error. (16:47)    People v. Sadeghi, 19CA1501; Tibbels error. (18:04)    People v. Willis, 21CA0391; Merger (21:20)    Tyler v. Hennepin County, No. 22-1...

This podcast covers case summaries distributed on 5/19/2023.   Cases and Keywords with timestamps: (01:16)   People v. Liggett, 2023 CO 22; Using un-Mirandized statements used to "rebut" NGRI defense, SDTs to medical providers. (12:58)   In the matter of Mark D. Thompson, a Former Judge of Summit County, 2023 CO 21; Public censure of District Court judge. (16:24)   Heidel v. Rio Blanco, 2023COA41;...

This podcast covers case summaries distributed on 5/12/2023.   Cases and Keywords with timestamps: (01:22)   People v. Marcotte, 20CA0075; Other Act Evidence and Rule 404(b). (04:36)   People v. Grimes, 20CA1871; Other Act Evidence and Rule 404(b). (11:04)   Percoco v. U.S., 21-1158 (May 11, 2023); Federal Wire Fraud Provision– Right of Honest Services. (14:22)   Ciminelli v. U.S., No. 21-1170 (Ma...

This podcast covers case summaries distributed on 5/6/2023.   Cases and Keywords with timestamps: (01:24) People v. Perkins, 2023COA38; Reliability of Fire "Science" Evidence. (05:05)   People v Nozolino, 2023COA39; Summary Denials of pro se 35(c) claims. (07:55)   People v. Kellerhals, 21CA0712; Adequacy of plea bargain advisement. (11:05)   People v. Mendes, 20CA1450; Adequacy of plea bargain ad...