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Episode 342 - OADC Weekly Case Law Update
This podcast covers case summaries distributed on 12/13/2023.
Cases and Keywords with timestamps:
(01:36) In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16.
(16:06) People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental state expert testimony.
(23:37) People v. Zoller, 2023COA117 (December 7, 2023); Challenges to conditions in Mandatory Protection Orders.
(25:42) UNPUBLISHED People v. Smith, 21CA1738 (December 7, 2023); Trial court erred in refusing to provide Heat of Passion due to Provocation instruction.
(29:47) UNPUBLISHED People v. Loos, 22CA1085 (December 7, 2023); Trial court did not err when it excluded witness testimony as a sanction for Rule 16 violation, Prosecution's appeal of sanction was not authorized because sanction wasn't a question of law.
Links:
In re. People v. Tippet, 2023 CO 61
https://files.constantcontact.com/45bb5db5401/dd3c6bbd-d04d-42ab-84f3-a77d98cc8942.pdf?rdr=true
People v. Day, 2023COA115
https://files.constantcontact.com/45bb5db5401/1282c9b1-ba51-4a84-b5c6-07546817ca27.pdf?rdr=true
People v. Zoller, 2023COA117
https://files.constantcontact.com/45bb5db5401/10ddaf0b-08a7-4f7e-8029-ec10293581c6.pdf?rdr=true
OARC Complaint against Linda Stanley
https://files.constantcontact.com/45bb5db5401/3de4b00d-2e3f-495f-83cb-1aaaa45d7fb2.pdf?rdr=true
Contact Shawndell Irving here: Shawndell Irving
Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/
NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm
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By Office of the Alternate Defense CounselThis podcast covers case summaries distributed on 12/13/2023.
Cases and Keywords with timestamps:
(01:36) In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16.
(16:06) People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental state expert testimony.
(23:37) People v. Zoller, 2023COA117 (December 7, 2023); Challenges to conditions in Mandatory Protection Orders.
(25:42) UNPUBLISHED People v. Smith, 21CA1738 (December 7, 2023); Trial court erred in refusing to provide Heat of Passion due to Provocation instruction.
(29:47) UNPUBLISHED People v. Loos, 22CA1085 (December 7, 2023); Trial court did not err when it excluded witness testimony as a sanction for Rule 16 violation, Prosecution's appeal of sanction was not authorized because sanction wasn't a question of law.
Links:
In re. People v. Tippet, 2023 CO 61
https://files.constantcontact.com/45bb5db5401/dd3c6bbd-d04d-42ab-84f3-a77d98cc8942.pdf?rdr=true
People v. Day, 2023COA115
https://files.constantcontact.com/45bb5db5401/1282c9b1-ba51-4a84-b5c6-07546817ca27.pdf?rdr=true
People v. Zoller, 2023COA117
https://files.constantcontact.com/45bb5db5401/10ddaf0b-08a7-4f7e-8029-ec10293581c6.pdf?rdr=true
OARC Complaint against Linda Stanley
https://files.constantcontact.com/45bb5db5401/3de4b00d-2e3f-495f-83cb-1aaaa45d7fb2.pdf?rdr=true
Contact Shawndell Irving here: Shawndell Irving
Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/
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