This podcast covers case summaries distributed on 11/7/2023.

Cases and Keywords with timestamps:

(01:44) People v. Bice, 2023COA98 (October 26, 2023); Conspiracy to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a specified amount of a controlled substance remains a DF(1) under section 18-18-405(1)(a), despite the plain language of §18-2-206(7)(a).

(06:18) Puerta v. Newman, 2023COA100 (October 26, 2023); An alleged victim does not have a cause of action under section 13-21-131(1) from the failure of law enforcement officers to timely process evidence that would allegedly have resulted in a criminal defendant's conviction for a specific offense.

(09:02) People v. Salazar, 2023COA102 (November 2, 2023); Multiple issues, including: For the offense of sexual assault on a child by one in a position of trust (SAOC-POT), the government does not need to prove that a defendant knew they were in a position of trust.

Links:

People v. Bice, 2023COA98

https://files.constantcontact.com/45bb5db5401/85c7adb5-b7a2-4771-bba6-86fc291d7fb6.pdf?rdr=true

Puerta v. Newman, 2023COA100

https://files.constantcontact.com/45bb5db5401/99573f21-3d52-4c15-ad71-31f65e8a4df2.pdf?rdr=true

People v. Salazar, 2023COA102

https://files.constantcontact.com/45bb5db5401/c9287456-dab4-4365-a2c7-814ec2a0ff63.pdf?rdr=true

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them. Patterson v. James, 2018 COA 173, ¶¶ 40-43. You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm