OADC Weekly Case Law Update

Episode 194 - OADC Weekly Case Law Update


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This podcast covers case summaries distributed on 1/8/21.

Cases Cited: People v. Sauser, 2020COA174; People v. Raider, 2020COA1; Gonzales v. City of Aurora, 19CA1618.

Keywords: Denial of Continuance, Inadmissible Defense Evidence, Prosecutorial Misconduct, Felony Menacing not a Lesser Included of Aggravated Robbery, Expressed Consent Statute for Blood Testing, Misconduct by Aurora Officer John Gonzales, Police Officer Suspension for Unconstitutional Search, 35(c) Discovery and Disclosure Issues.

Links:

People v. Sauser, 2020COA174

https://files.constantcontact.com/45bb5db5401/c84c8efa-fab8-4b60-84e0-a9d875c3e9ca.pdf

People v. Raider, 2020COA1

https://files.constantcontact.com/45bb5db5401/612ad3b9-d821-4e7d-87bb-04fe1aa8a86d.pdf

OADC 35(C) Discovery Memo

https://files.constantcontact.com/45bb5db5401/c4bbb665-0feb-454a-a972-055fa396ab0d.pdf

IDRA Roundup

Please find the most recent edition of Notable Recent Publications here: https://www.indigentdefenseresearch.org/2021/01/notable-recent-publications-january-2021.html.

Items featured this issue are as follows:

Articles:

Joseph J. Avery, Jordan Starck, Yiqiao Zhong, Jonathan D. Avery, and Joel Cooper Is your own team against you? Implicit bias and interpersonal regard in criminal defense, Journal of Social Psychology.

Taylor Kidd, Implicit and Explicit Attitudes Toward Prosecutors and Defense Attorneys, Justice System Journal.

Jacqueline Lee & John Ropp "Sometimes I'm Just Wearing the Prosecutor Down": An Exploratory Analysis of Criminal Defense Attorneys in Plea Negotiations and Client Counseling. Journal of Qualitative Criminal Justice and Criminology.

Donald M. Linhorst, David Kondrat, Jacob Eikenberry & P. Ann Dirks-Linhorst Associations between Legal Representation and Mental Health Court Outcomes, American Journal of Criminal Justice.

Samantha Luna & Allison Redlich Unintelligent Decision-Making? The Impact of Discovery on Defendant Plea Decisions. Wrongful Conviction Law Review.

Book review:

Matthew Clair, Unequal Before the Law: How did we end up with our current system of public defenders? Review of Sara Mayeux's Free Justice.

News item:

Data breach at US legal aid firm Brooklyn Defender Services exposed clients' personal data Legal Writing Article of interest

From one of Brian Garner's 2020 columns.

There's a formula for effectively explaining caselaw

"Legal writers are constantly called on to explain things. Among the most difficult and predictably recurrent types of explanation is why a legal precedent bears on a point to be decided. Although every lawyer must be prepared to do this, it's surprisingly tricky."

Sound effects by vewiu and downloaded from Freesound.org. Music by Scott Holmes. Both used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

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OADC Weekly Case Law UpdateBy Office of the Alternate Defense Counsel