OADC Weekly Case Law Update

This podcast covers case summaries distributed on 10/29/21.   Cases Cited:           People in Interest of C.C.-S, 2021COA127; People v. McKay, 2021CO72; People v. Delfeld, 2021COA131; People v. Lee, 19CA00024. Keywords:   Students, Safe2Tell, and the 4th Amendment, Four Corners Probable Cause Review of a Warrant, Protection Order as part of Illegal Sentence, Extended proportionality review. Links...

This podcast covers case summaries distributed on 10/22/2021. Cases Cited:       People v. Hall, 2021 CO 71; People v. Dorsey, 2021COA126; People v. McClearen, 19CA1882; People v. Taylor, 19CA2118; Rivas-Villegas v. Cortesluna, 20-1539; City of Tahlequah v. Bond, 20-1668; Denezpi v. United States, No. 21-7622. Keywords:          Judge is neutral arbiter even when asking for additional argument abo...

This podcast covers case summaries distributed on 10/15/21. Cases Cited: People v. Willis , 18CA0376; People v. Clark , 19CA0160; People v. Valdez , 20CA0674, Knights v. United States , 21-198 (pwc). Keywords:   Unanimity Instruction, Sex Offender Registration, SVP Designation, Race as a Factor in Seizure Analysis. Links: Knights v. United States, 21-198 PWC https://files.constantcontact.com/45bb5...

This podcast covers case summaries distributed on 10/8/21. Cases Cited: People v. Kraaz , 19CA1573; People v. Wertz , 18CA2011; People v. Serrano , 18CA1371; People v. Gonzales , 18CA1659; People v. Russell, 19CA0633.         Keywords:   Prosecutorial misconduct, Unexplained Possession of Property Recently Stolen (UPPRS), Stalking — serious emotional distress, Crimes against another person. Links:...

This podcast covers case summaries distributed on 10/1/2021. Cases Cited:       People v. Tallent, 2021 CO 68; People v. Cooper, 2021 CO 69; People v. Coons, 2021 CO 70; People v. Menendez, 18CA1664; People v. Palmer, 19CA1226; People v. Diecidue, 18CA2173; Rojas v. People, 20SC399. Keywords:          Generalized expert testimony in a DV case, Sentence enhancer instructions, CVCB Records, Curative...

This podcast covers case summaries distributed on 9/24/2021. Cases Cited:       People v. Medina, 2021COA124; People v. DuPont, 18CA780; People in Interest of G.M. and S.M.; State v. Haag, No. 97766-6 (Washington Supreme Court). Keywords:          Due process right to a "strong factual basis" when entering an Alford plea, Res Gestae Evidence, Magistrate Can Not be Appointed as a Judge, Mitigation...

This podcast covers case summaries distributed on 9/10/2021. Cases Cited:       McDonald v. People, 2021 CO 64; People v. Tafoya, 2021 CO 62; People v. Sanchez, 2021 CO 63. Keywords:          Associated-in-fact enterprise for COCCA, Sufficiency of the evidence to establish associated-in-fact group, Instructional error by not mirroring Boyle and Turkette, Warrantless Pole Camera Search of the Curti...

This podcast covers case summaries distributed on 9/10/2021. Cases Cited:       People v. Draper, 2021COA120; People v. Vanderpauye, 2021COA121; People v. McCleland, 19CA2024. Keywords:          Instructional Errors, UMDDA, Consolidation for trial, Evidentiary Errors, Equal Protection  Marcy  Challenge, Self-Serving Hearsay, Excited utterance exception, CRE 803(2), Statements that grant or withhol...

This podcast covers case summaries distributed on 9/3/2021. Cases Cited:       People v. Pellegrin, 2021COA118; People v. Lobato, 18CA1687; People v. Karr, 17CA1509; People v. Martinez, 18CA1857; People v. Bales, 19CA0765; People v. McWilliams, 18CA2331; People v. Bollinger, 19CA0898; People v. McLaughlin, 19CA0960; People v. Reno, 17CA0976. Keywords:          Jury Polling, Facial challenge to Sta...

This podcast covers case summaries distributed on 8/27/2021. Cases Cited:       People v. Clark, 18CA2293; People v. Coleman¸18CA1123. Keywords:          Proportionality Review – 1st Degree Kidnap, Rehaif and Colorado POWPO, Expert testimony distinguishing a real/fake gun. Links: POWPO and  Rehaif  agument OB https://files.constantcontact.com/45bb5db5401/d034c175-8659-47ec-bf23-d9341a255dab.pdf PO...

This podcast covers case summaries distributed on 8/20/2021. Cases Cited:       People v. Gutierrez , 2021COA110; People v. Caswell, 2021COA111; People v. Jennings, 2021COA112; People v. Ong, 2021COA113; People v. Zamora-Mendoza, 19CA0793; People v. Cruz, 18CA2015. Keywords:          Severance of Co-Defendants, Predicate convictions are sentence enhancers - not elements – for animal cruelty, Chall...

This podcast covers case summaries distributed on 8/13/2021. Cases Cited:       People v. Wright, 2021COA106; People v. Brothers, 2021COA109. Keywords:          Harassment as a Predicate Offense for Burglary, POWPO as a per se grave and serious crime under proportionality review, Right to preliminary hearing. Links:  People v. Wright , 2021COA106 https://files.constantcontact.com/45bb5db5401/31e53...

This podcast covers case summaries distributed on 8/6/2021. Cases Cited:       People v. Curtis, 2021COA103; People v. Stone, 2021COA104. Keywords:          Bagby Error, Equal Protection Challenge, Merger, Prosecutorial Misconduct – calling Defendant's defense a "story," Consent given by a minor to enter home, Actual authority to consent to enter a home,  Valid re-entry, Suppression of evidence ga...

This podcast covers case summaries distributed on 7/30/2021. Cases Cited:       People v. Johnson, 2021COA102; People v. Hibdon, 19CA1312; People v. Heeringa, 18CA1344; Romero v. CDOC, 19CA2385; U.S. v. Woodard, No. 20-5004. Keywords:          "Strawman" transfer of a firearm, Constitutionality of Section 18-12-111(1), Choice of Evils Defense, 35(c) procedures when appointment of counsel is reques...

This podcast covers case summaries distributed on 7/23/2021. Cases:  People v. Barajas, 2021COA98; People in Interest of N.D.O., 2021COA100; People v. Counterman, 2021COA97; People v. Cook, 18CA0594. Keywords:        As Applied First Amendment Challenge, Jury Instruction on True Threats, Variance: Change to the Date of Offense for One Element, Bifurcation v. Separate Jury Panel, Right to be Presen...

This podcast covers case summaries distributed on 7/16/2021. There were no cases this week. Keywords:          Speedy Trial Statute: COVID Backlog Amendment, Rule 43 Amendment (Rule change 2021(16)), Kristen Brown's Government Misconduct Database Update, Criminal Justice Dataset Releases by The National Archive of Criminal Justice Data (NACJD). Links:  HB21-1309 (2021) https://files.constantcontac...

This podcast covers case summaries distributed on 7/9/2021. Cases Cited:       People v. Valera-Castillo, 21COA91; People v. Landis, 21COA92; People in Interest of K.S-E., 21COA93. Keywords:          Timing of a Batson challenge, Prosecutorial misconduct, Merger, Conditions restricting internet and social media use during service of a sentence to SOISP, Fifth Amendment guarantees testifying witnes...

This podcast covers case summaries distributed on 7/2/2021. Cases Cited:       In re. People v. Sherwood, 2021 CO 61; People v. Sprinkle, 2021 CO 60; People in the Interest of T.B., 2021 CO 59; People in Interest of J.M.M., 2021COA88; Winston v. Polis, 2021COA90. Keywords:          Rule 24(c)(4), Tolling of Speedy Trial due to COVID-19, Mistrials, CCJRA requests for IAB records, § 24-72-303(4)(f),...

This podcast covers case summaries distributed on 6/25/21. Cases Cited: Mahanoy Area School district v. B.L., No. 20-255 (June 23, 2021); Lange v. California, No. 20-18 (June 23, 2021); Leyba v. People, 2021 CO 54; Strepka v. People, 2021 CO 58; People v. Daly, 2021COA85; People in Interest of B.H., 2021COA86; People v. McGrew, 18CA1983; Leaders of a Beautiful Struggle v. Baltimore Police Departme...

This podcast covers case summaries distributed on 6/18/21. Cases Cited: In Re People v. Manaois, 2021 CO 49; In Re People v. Keen, 2021 CO 50; In Re People v. Lowe, 2021 CO 51; In Re People v. Coleman, 2021 CO 52; In Re People v. Rainey, 2021 CO 53; In Re People v. Vigil, 2021 CO 46; In Re Winninger v. Kirchner, 2021 CO 47; People v. Bui, 18CA1875; Greer v. U.S., No. 19-8709 (June 14, 2021); Rehai...

This podcast covers case summaries distributed on 6/11/21. Cases Cited: People v. Hernandez, 2021 CO 45; People v. Mosely, 2021 CO 41; People v. Lavadie, 2021 CO 42; In the Matter of Robert E. Abrams, 2021 CO 44; People v. Garcia, 2021COA80; People in Interest of J. R., 2021COA81; United States v. Suggs, No. 19-1487 (10th Cir. June 2, 2021); State v. Gayman, 312 Or. App.193 (February 25, 2021). Ke...

This podcast covers case summaries distributed on 6/4/21.   Cases Cited:     DePreist v. People, 2021 CO 40; People v. Williamson, 2021COA77; Van Buren v. United States, No. 19-783; Sanders v. United States, No. 20-6400; United States v. Cooley, No. 19-1414; Garland v. Ming, No. 19-1155; People v. Matthews, 17CA2247; People v. Kessler-Tiffany, 17CA0478, People v. Khotprathoum, 18CA1748. Keywords:...

This podcast covers case summaries distributed on 5/27/2021. Cases Cited:     People v. Johnson, 2021 CO 35; People v. Madrid, 2021COA70; People v. Scott, 2021COA71; People v. Dominguez, 2021COA76; People v. Gearhart, 18CA1950. Keywords:        4th Amendment Suppression and the Impeachment Exception, Batson, Jury Nullification, Two Felony Rule for Probation, Hearsay. Links:  People v. Johnson, 202...

This podcast covers case summaries distributed on 5/21/2021. Cases Cited:    In re. People v. Nunez, 2021 CO 31; People v. Alemayehu, 2021COA69; Coniglia v. Strom, 20-157; Edwards v. Vannoy, 19-5807; In Re People v Viburg, 21SA153. Keywords:       Retroactive mistrial, Court must explicitly declare mistrial, PCS Sufficiency of the evidence, Search and Seizure: Plain View Exception, Photos and Body...

This podcast covers case summaries distributed on 5/14/21. Cases Cited:    Lawrence v.  People , 2021 CO 28 ; People v. Baker ,  2021 CO 29 ; People v. Garcia , 2021COA65 ; People v.  Hasadinratana ,  2021COA66 ; People v. Cox , 2021COA68 ; People v.  Jones , 18CA1342 ; People v.  Vigil , 18CA1949 ; People v.  Price , 18CA1596 ; United States v. Prescott, 581 F.2d 1343, 1349 (9th Cir. 1978); Peopl...