OADC Weekly Case Law Update

This podcast covers case summaries distributed on 4/29/2022. Cases and Keywords with timestamps: (01:34)  People v. Moreno, 2022 CO 19; Reasonable Suspicion for drug trafficking investigatory stop. (04:24)  People v. Sanders, 2022COA47; Disqualifying the Judge: Appearance of Bias, Batson Challenge, Missing Witness Jury Instruction, Prosecutorial Misconduct in Closing argument. (12:06)  Johnson Fam...

This podcast covers case summaries distributed on 4/22/2022. Cases and Keywords with timestamps: (00:58)  People v. Bagwell, 2022COA44; No Consent to Murder, Miranda Waiver. (02:22)  People v. Sudakov, 18CA1191; Miranda Waiver. (04:02)  People v. Kenny, (April 21, 2022); Restitution: Joint and Severable Liability. (05:18)  People v. Razo, 20CA1039; Summary Denial of IAC Claim. (07:08)  U.S. v. Fra...

This podcast covers case summaries distributed on 4/15/2022. Cases and Keywords with timestamps: (00:42)  People v. Ramos, 2022 CO 16; Denial of interlocutory appeal re suppression of evidence. (03:42)  People v. Coughlin, 20CA0988; Juror Misconduct, Reconsideration of a post-conviction motion, Rule 60(b) motion merits, Defense's Data Access search history accessed by prosecution. (09:34)  U. S. v...

This podcast covers case summaries distributed on 4/8/2022. Cases and Keywords with timestamps: (01:07)  People v. Fletcher, 19CA1224; Batson Challenge. (07:28)  People in Interest of J.V.F.R.; Weeks Error, Restitution. (10:36)  People v. Woodfork, 20CA2121; Speedy Trial. (13:28)  People v. Beall, 19CA2066; Burden of Proof for Special Interrogatory. (15:17)  People v. Mervin 19CA1589; No appeal fr...

This podcast covers case summaries distributed on 4/1/2022. Cases and Keywords with timestamps: (00:54)  People v. Moreno 2022 CO 15; Subsection (e) of the harassment statute is unconstitutional on its face. (04:40)  Houser v. CenturyLink, Inc., 2022COA37; Securities Fraud. (05:38)  People v. Pinney, 18CA1519; Prior Inconsistent Statement. (09:44)  People v. Thomas, 19CA2073; Inventory search, Jur...

This podcast covers case summaries distributed on 3/25/2022. Cases and Keywords with timestamps: (00:44)  People v. Cortez-Gonzalez, 2022 CO 14; § 18-1-417. Ineffective assistance of counsel claims--waiver of confidentiality. (11:33)  People v. Clark, 2022COA33; Racially biased prospective juror, Whether the county court judge lacked authority to receive the verdict. (25:49)  People v. Gulyas, 202...

This podcast covers case summaries distributed on 3/18/2022. Cases and Keywords with timestamps: (00:48)  People v. Le, 2022COA32; Department of Revenue as victim for purposes of restitution, Preservation. (03:04)  People In Interest of G.R.H. 20CA0935; Constructive Amendment. (05:34)  People v. Manzanares, 18CA1698; Constructive Amendment, Escape Multiplicity, Escape Amendment Retroactivity. Link...

This podcast covers case summaries distributed on 3/11/2022.   Cases and Keywords with timestamps: (00:55)  People v. Brown, 2022 CO 11; Suppression. (06:32)  People v. Burke, 20CA0083; Speculative lay witness opinion re guilt, Officer testimony re guilt, Testimony of Uncharged Criminal Conduct, Cumulative error. (11:27)  People v. Herr, 19CA1579; Raising IAC in a Motion for New Trial. (17:14)  Pe...

This podcast covers OADC case summaries distributed on 3/4/2022. Cases and Keywords with timestamps: (02:57)  People v. Licona-Ortega, 2022COA27; Exigent Circumstances Exception – Cell phone ping, Batson Challenge – 3rd prong, Prosecutorial Misconduct. (09:41)  People v. Martinez, 2022COA28; Restitution: Proximate Cause, Restitution: Insurance Company is a Victim. (13:16)  People v. Ande, 18CA1198...

This podcast covers case summaries distributed on 2/25/2022. Cases and Keywords with timestamps: (01:15)  Rojas v. People, 2022 CO 8; Res Gestae and CRE 404(b), Rules 401-403. (13:36)  People v. Tarr, 2022COA23; Statutory consent for warrantless blood draw in DUI cases, Right to revoke statutory consent to blood draw. (21:56)  People v. O'Day, 2022COA24; 5th Amend. Right to Remain Silent in a Revo...

This podcast covers case summaries distributed on 2/18/2022. Cases and Keywords with timestamps: (00:54)  People v. Ojeda, 2022 CO 7; Batson Step II analysis. (13:24)  People v. Brown, 2022COA 19; True or Credible Threats ( 21:34) People v. Castillo, 2022COA20; Equal Protection Challenge to LWOP sentence for 18+ 6-month-year-old person convicted of first-degree murder under a complicity theory, Pr...

This podcast covers case summaries distributed on 2/11/2022. Cases and Keywords with timestamps: (00:55)  People v. Walker, 2022COA15; Unpreserved Proportionality Review Claim Subjected to Plain Error Review, Outrageous Governmental Conduct. (07:27)  Garcia v. People, 2022 CO 6; Kidnapping – definition. (13:44)  People v. Perez, 16CA0446; Weeks and untimely restitution. (16:37)  People v. Hamerly,...

This podcast covers case summaries distributed on 2/4/2022. Cases and Keywords with timestamps: (00:50) In re. People v. Greer, 2022 CO 5; Indigency Determination. (04:56)  People v. Buckner, 2022COA14; Prosecutorial Misconduct – Evidence and Commentary on Defendant's Exercise of his Fourth Amendment right and "Justice for the Victim", History of False Reporting of Sexual Assault in Rape Shield St...

This podcast covers case summaries distributed on 1/28/2022. Cases and Keywords with timestamps: (01:06)  Hemphill v. New York, 20-637; Confrontation Clause. (08:33)  People v. Houghton, 19CA2192; Plain Error Review of Linnebur error. (11:50)  Connecticut v. Belcher, SC 20531; Superpredator designation. (16:28)  Jones v. Stanford; New York internet ban violates First Amendment. (17:44)  State v. C...

This podcast covers case summaries distributed on 1/21/2022. Cases and Keywords with timestamps:          (01:12)  People v. Caldwell, 18CA1240; Lesser Included Offense Instruction under § 18-1-408(5)(c). (06:20)  People v. Ramirez, 18CA1686; Cold Expert Suvi Miller. (09:40)  People v. Vigil, 19CA0965; Abuse of discretion in filing a petition to revoke probation, Medical Marijuana use on probation...

This podcast covers case summaries distributed on 1/14/2022. Cases and Keywords with timestamps: (00:58)  People v. Tibbels, 2022 CO 1; Reasonable Doubt Examples by Judge. (06:04)  People v. Pettigrew, 2022 CO 2; Reasonable Doubt Examples by Judge, Harmless error forgives constitutional violations. (11:47)  People v. Rau, 2022 CO 3; Renaming the "Make-My-Day" provision, Definition of Dwelling. (18...

This podcast covers case summaries distributed on 1/7/2022. Cases and Keywords with timestamps: (00:50)  People v. Strickler, 2022COA1; Fire as a "deadly weapon", Attempted criminal mischief is a lesser included offense of attempted first degree arson. (03:42)  People v. Johnson, 2022COA2; Client's autonomy in choosing NOT to present a defense. (06:50)  In re the Parental Responsibilities Concerni...

This podcast covers case summaries distributed on 12/23/2021. Cases and Keywords with timestamps:   1:04 In re. People v. Viburg, 21 CO 81 Double Jeopardy, Due Process and Fundamental Fairness, Mandatory Joinder 4:58 Hunsaker v. People, 2021 CO 83 35(C) SOL and Correction of an illegal sentence under Rule 35(a) 16:02 Thomas v. People, 2021 CO 84 Resisting arrest – sufficiency of the evidence, Merg...

This podcast covers case summaries distributed on 12/3/2021. Cases and Keywords:        01:28 People v. Johnson, 21 CO 79 abatement ab initio for restitution 03:38 Nash v. Mikesell, 2021COA148 ICE and Jail Agreements lawsuit 04:16 Stackpool v. Colo. Dept. of Revenue, DMV, 2021COA150 Early reinstatement of driving privilege 05:47 People v. Jamieson, 18CA0745 Waiver of Right to Counsel at Probation...

  This podcast covers case summaries distributed on 12/10/2021. Cases and Keywords with timestamps:   00:54 People v. Mitchell, 20CA1147 Restitution 04:04 People v. Sanchez, 17CA0535 Severance of Co-Defendants, Impeachment by Specific Contradiction 10:00 People v. Romero, 17CA1543 Pretext Phone Call, Impeachment by Specific Contradiction 15:10 People v. Glynn, 20CA1145 Allman, Illegal Sentence 17:...

This podcast covers case summaries distributed on 12/3/2021. Cases and Keywords with Timestamp:    00:50             People v. Kaminga, 18CA0636 Misstatement of law concerning lesser included offenses, Miranda Waiver 12:54 People v. Fenolio, 19CA0144 Costs of prosecution attributable to counts for which defendant was convicted 15:52 People v. Bonner, 19CA0176 Denial of challenge to juror for cause...

This podcast covers case summaries distributed on 11/26/2021. Cases Cited:       People v. Roberts, 19CA1397; People v. Serrano, 18CA1371. Keywords:          Restitution. Links:    SCOTUS calendar: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalJanuary2022.pdf  You can also review an outline of the January 2022 arguments on SCOTUS blog here: https://www.scotusblog...

This podcast covers case summaries distributed on 11/19/2021. Cases Cited:                People v.  McCants, 2021COA138; People v. Restrepo, 2021COA139; People v. Montoya, 18CA1876; People v. Etheridge, 19CA0142; People v. Salas, 19CA0924; Keywords:          Out-of-Court ID by a police officer, CRE 404(b) Evidence, Jury Instructions – Credibility, SDT of Officer's IAB records, Merger: Reckless dr...

This podcast covers case summaries distributed on 11/12/2021. Cases Cited:       People v. Weeks, 2021 CO 75; People v. Roddy, 2021 CO 74; People v. Vieyra, 20CA0839. Keywords:          Restitution – Timing, Restitution - Proximate Cause, Sovereign Citizens. Links:    People v. Weeks, 2021 CO 75 https://files.constantcontact.com/45bb5db5401/41ec685f-cb29-4774-8a33-3d9a5f5fed43.pdf People v. Roddy...

This podcast covers case summaries distributed on 11/5/21. Cases Cited:   People v. Taylor, 2021COA133; People v. Caime, 2021COA134; People v. Zapico, 19CA1020; People v. Quarles, 19CA0870; People v. Ianne, 18CA1372; People v. Shortt, 18CA2422; In Re People v. Cortes-Gonzalez, 21SA308; People v. Cruse, No. 21SC277, Court of Appeals Case No. 18CA34; Simmons v. U.S., No. 20-1704, 595 U.S.    (2021)...