OADC Weekly Case Law Update

This podcast covers case summaries distributed on 4/28/2023.   Cases and Keywords with timestamps: (01:36)   In re. People v. Platteel, 2023 CO 18; Compelling victim testimony at a PH. (07:18)   In re. People in Interest of A.T.C., 2023 CO 19; Juvenile Judge Interlocutory Review of Magistrate's Determination. (11:45)   People v. Grudznske, 2023COA36; Equal Protection As-Applied Challenges, Specifi...

This podcast covers case summaries distributed on 4/22/2023.   Cases and Keywords with timestamps: (02:32)  People v. Licata, 2023COA34; Court cannot continue MPO pursuant to 18-1-1001 after NGRI. (04:18)  People v. Kakozi, 19CA2193; Aggravated Motor Vehicle Theft related to Value. (06:16)  People v. Montoya, 22CA2187, and People v. Casias, 22CA2193: PC for knowingly causing death of a child. (08:...

This podcast covers case summaries distributed on 4/14/2023. Cases and Keywords with timestamps: (01:32)    People v. Rainey, 2023 CO 14, and People v. Davis, 2023 CO 15; Lack of 6th Amendment right to continuity of court-appointed counsel. (19:44)    People v. Jennings, 19CA1821; Particularity for Warrant Authorizing Search of Cell Phone. (22:57)    People v. Love,21CA1292; Restitution: Resolving...

This podcast covers case summaries distributed on 4/7/2023.   Cases and Keywords with timestamps: (01:32)   People v. Cox, 20CA1852; Disclosure of Police Misconduct Records; Violation of sequestration order. (07:40)   People v. Cain, 20CA1112; Felony DUI Procedure. (10:02)   People v. Rogers, 21CA0092; Prosecutorial Misconduct. (12:22)   People v. Davis, 21CA1325; Pre-Sentence Confinement Credit (...

This podcast covers case summaries distributed on 3/31/2023.   Cases and Keywords with timestamps: (01:32)   People v. Madrid 2023 CO 12; Batson Second Step Procedure. (07:08)   People v. Larson, 2023COA28; Reviving a vacated conviction, Unanimous Verdict. (10:20)   People v. Mandez-Ramirez, 19CA2404; Definition of harm, Prosecutorial Misconduct - Referring to facts not in evidence and alluding to...

This podcast covers case summaries distributed on 3/24/2023.   Cases and Keywords with timestamps: (01:52)   People v. Morse, 2023COA27; 4th Amendment Search of a Computer, Evidentiary concerns, Sufficiency of the evidence, Failure to provide a Preliminary Hearing. (10:42)   People v. Beyer, 20CA2118; CRE 404(b) Domestic Violence Evidence. (16:49)   People v. Essian, 20CA0793; Procedural Bars to R...

This podcast covers case summaries distributed on 3/17/2023.   Cases and Keywords with timestamps: (02:14)   People v. Cross, 2023COA24; Timing for service of PSIR, DV 404(b) evidence, Admissibility of hearsay under the state of mind exception. (10:05)   People v. Meier, 21CA0382; Revocation of SOISP – procedures. (13:55)   People v. Trimarco, 21CA0196; Self Defense Instructional Error. (15:41)  ...

This podcast covers case summaries distributed on 3/10/2023.   Cases and Keywords with timestamps: (01:56)   People v. Willoughby, 2023 CO 10; Miranda: In custody Determination. (8:00)      People v. Serna-Lopez, 2023COA21; Multiplicity and merger, Unanimity Instruction and Prosecutorial Election, Sufficiency of the evidence that a B.B. gun is a deadly weapon. (15:15)   People v. Quillen, 2023COA2...

This podcast covers case summaries distributed on 3/3/2023.   Cases and Keywords with timestamps: (01:22)   In re. People v. Maez 22SA388;   Rule 21 to protect attorney-client information from being disclosed to the prosecution. (03:12)   In re. People v. Justice, 2023 CO 9; Trial court cannot order mediation in criminal proceedings. (05:12)   People v. Cuellar, 2023COA20; Rape Shield evidence, Ev...

Lindy Frolich joins us today for an OADC update.   This podcast covers case summaries distributed on 2/24/2023.   Cases and Keywords with timestamps: (22:04)   People v. Libal, 20CA1113; Failure to Register: Insufficient Evidence. (22:11)   People v. Mahamoud, 19CA0580; Batson and Religious Identity. (31:22)   Cruz v. Arizona No. 21-846 (February 22, 2023); "an unforeseeable and unsupported state-...

This podcast covers case summaries distributed on 2/17/2023.   Cases and Keywords with timestamps: (01:16)   People v. Silvanic, 2023COA16; Monitoring Agreement as SOISP condition. (06:50)   U.S. v. Soule, No. 22-8001 (10th Cir. February 1, 2023); Requisite findings for special conditions that implicate fundamental rights or interest. (10:09)   People v. Martinez, 19CA0175; Improper Expert Testimo...

This podcast covers case summaries distributed on 2/10/2023.   Cases and Keywords with timestamps: (01:54)   Johnson v. People, 2023 CO 7; Definition of Transfer as used in 18-12-111(1). (05:40)   People v. Vigil, 2023COA12; Fifth Amendment and Probation Revocations. (11:30)   People v. Omar, 2023COA13; YOS Revocation Deadline. (13:28)   People v. Pallotto, 21CA0431; POWPO Sentencing. (15:48)   U....

This podcast covers case summaries distributed on 2/3/2023.   Cases and Keywords with timestamps: (03:18)   People v. Forgette, 2023 CO 4; Sleeping Juror. (06:00)   In Re: Kembel and Dexter 2023 CO 5; Bifurcation of prior offenses in felony DUI trial. (11:00)   People v. Hacke, 2023 CO 6; PH eligibility: F(4) Identity theft. (13:52)   People v. Mitchell, 19CA1932; Tibbels Error, Overly Broad Warra...

This podcast covers case summaries distributed on 1/27/2023.   Cases and Keywords with timestamps: (01:10)  People v. Randolph, 2023COA7; Mental state for solicitation of child prostitution, Sufficiency of the evidence, Expert testimony. (05:54)  Scardina v. Masterpiece Cakeshop, Inc. and Jack Phillips, 2023COA8; Procedure for civil case after administrative decision, Merits analysis for violation...

This podcast covers case summaries distributed on 1/20/2023. There were no cases this week.   Links:  Counterman v. Colorado Briefs can be found here: https://www.scotusblog.com/case-files/cases/counterman-v-colorado/   Seymour Order to Show Cause https://files.constantcontact.com/45bb5db5401/d3d4b8fb-0cce-4d05-88cf-9378ae794086.pdf?rdr=true   Seymour Rule 21 Petition with Certificate https://file...

This podcast covers case summaries distributed on 1/13/2023.   Cases and Keywords with timestamps: (00:58)  People v. Cox, 2023COA1; Response to Jury Question re: deliberations, Supplemental Jury Instruction, Speedy Trial, Jurisdiction and Legality of Sentence. (08:24)  People v. Tennyson 2023COA2; Weeks claims are 35(a) illegal manner claims. (13:57)  People v. Karwacki, 2023COA3; Recusal of Judg...

This podcast covers case summaries distributed on 1/6/2023.   Cases and Keywords with timestamps: (01:28)  People v. Jerrelle Smith, 23SA02 (R21); bond in class 1 felonies. (02:26)  People v. Barajas, 20CA1045; Summary Denial 35(c) IAC claim: Plea Counsel. (06:21)  State v. Morris, Slip Opinion No. 2022-Ohio-4609; Juvenile sentencing case referenced in Ohio State v. Patrick.   Links:  J. Smith Rul...

This podcast covers case summaries distributed on 12/30/2022.   Cases and Keywords with timestamps: (01:04)  People v. Garcia, 2022COA144; Pandemic Procedures, Jurors wearing face-covering masks during voir dire and trial, Seating location in courtroom of impaneled jurors, Juror selection process – juror numbering, Lack of In-Court Identification, Evidence of value, Prosecutorial misconduct. (06:2...

This podcast covers case summaries distributed on 12/16/2022.   Cases and Keywords with timestamps: (00:48)  Woo v. El Paso County Sheriff's Office 22CO56; Return of a defendant's lawfully seized property after sentencing, Procedure for Motion for return of property. (06:38)  People in Interest of E. B., 2022 CO 55; Due Process Claim Requires a Showing of Prejudice. (10:32)  People v. Martinez, 20...

This podcast covers case summaries distributed on 12/09/2022.   Cases and Keywords with timestamps: (01:10)  People v. Johnson, 2022COA139; Enticement of a Child: sufficiency of the Evidence. (06:52)  People v. Di Asio, 2022COA140; Retroactivity of Section 24-72-703(11) (Sealing). (09:12)  People v. Juarez, 21CA0440; Mandatory Concurrent Illegal Sentence claim. (10:42)  People v. Jones, 20CA0074;...

This podcast covers case summaries distributed on 12/2/2022.   Cases and Keywords with timestamps: (00:38)  People v. Ryan, 2022COA136; Unanimity, Right to a Jury Trial for Habitual DV Counts. (05:38)  People v. Reyes, 20CA1902; IAC – Failure to Impeach alleged victim with a felony conviction, Failure to Advise and Prepare Reyes to Testify, Cumulative Effect.  (See also, Episode 283, where we orig...

This podcast covers case summaries distributed on 11/23/2022.   Cases and Keywords with timestamps: (00:45)  Jagged Peak Energy v. Oklahoma Police Pension, 2022 CO 54; Securities Fraud. (01:30)  People v. Salah, 2022COA134; Probation and the right to familial association. (04:26)  People v. Cline, 2022COA135; SDT of Police Personnel files, Force-against-intruders jury instruction, Initial Aggresso...

This podcast covers case summaries distributed on 11/18/2022.   Cases and Keywords with timestamps: (00:40)  In re: People v. Solis, 2022 CO 53; Disqualification of the DA's office. (09:22)  People v. Lugo, 19CA1994; Self Defense Instruction. (13:06)  People v   Barmore , 19CA1166; Self-Defense: Multiple Assailants Instruction., Warrantless Seizure of defendant. (17:44)  People v. Lynn, 20CA1925;...

This podcast covers case summaries distributed on 11/11/2022.   Cases and Keywords with timestamps: (00:54)  People v. Johnson, 21CA1706; Presentence confinement credit. (02:54)  People v. Warr, 20CA1968; Plea Withdrawal based on incorrect advice on SVP. (06:42)  People v. Schweizer, 19CA1019; Search incident to arrest. (14:14)  Anthony v. Louisiana, No. 21-993 Cert denied November 7, 2022; Prosec...

This podcast covers case summaries distributed on 11/4/2022.   Cases and Keywords with timestamps: (00:57)  People v. Turner and People v. Cruse, 2022 CO 50; 6th Amendment Right to a Public Trial. (10:58)  People v. Black, 2022COA127; Venue, DA charging authority, Sixth Amendment Right to a Public Trial,  Severance.     Links:  People v. Turner and People v. Cruse, 2022 CO 50 https://files.constan...