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Episode 352 - OADC Weekly Case Law Update
This podcast covers case summaries distributed on 2/20/2023.
Cases and Keywords with timestamps:
(02:10) People v. Owens, 2024 CO 10 (February 20, 2024); Batson challenges, Voir dire on racial issues, Evidence admitted under CRE 404(b) and CRE 401–403, Denial of mistrial motions, impeachment of witnesses, cumulative error.
(20:29) People v. Wade, 2024COA13 (February 15, 2024); Trial court's failure to sua sponte provide self-defense instruction was not error, Merger of convictions.
(24:36) UNPUBLISHED People v. Fresquez, 21CA1496 (February 8, 2024); Burglary charge premised on theory that defendant was born male and therefore had no license of entry to women's bathroom.
(29:34) UNPUBLISHED People v. Lucero, 20CA0709 (February 8, 2024); District court's final order of restitution without appeal filed timely makes any further order for restitution invalid.
(32:24) UNPUBLISHED People v. Shrader, 22CA1132 (February 8, 2021); Resentencing after comm corr revocation can include any sentence that could have been lawfully imposed at the time of sentencing.
Links:
Owens v. People, 2024 CO 10
https://files.constantcontact.com/45bb5db5401/d63381e1-df6c-48c6-ace6-7b16f51abf5c.pdf?rdr=true
People v. Wade, 2024COA13
https://files.constantcontact.com/45bb5db5401/bddbb07f-b600-4a91-926d-aa4ffe5e1454.pdf?rdr=true
Snow v. People PWC
https://files.constantcontact.com/45bb5db5401/967c3f2f-29ff-4995-b9c8-a4d62d142a54.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm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 2/20/2023.
Cases and Keywords with timestamps:
(02:10) People v. Owens, 2024 CO 10 (February 20, 2024); Batson challenges, Voir dire on racial issues, Evidence admitted under CRE 404(b) and CRE 401–403, Denial of mistrial motions, impeachment of witnesses, cumulative error.
(20:29) People v. Wade, 2024COA13 (February 15, 2024); Trial court's failure to sua sponte provide self-defense instruction was not error, Merger of convictions.
(24:36) UNPUBLISHED People v. Fresquez, 21CA1496 (February 8, 2024); Burglary charge premised on theory that defendant was born male and therefore had no license of entry to women's bathroom.
(29:34) UNPUBLISHED People v. Lucero, 20CA0709 (February 8, 2024); District court's final order of restitution without appeal filed timely makes any further order for restitution invalid.
(32:24) UNPUBLISHED People v. Shrader, 22CA1132 (February 8, 2021); Resentencing after comm corr revocation can include any sentence that could have been lawfully imposed at the time of sentencing.
Links:
Owens v. People, 2024 CO 10
https://files.constantcontact.com/45bb5db5401/d63381e1-df6c-48c6-ace6-7b16f51abf5c.pdf?rdr=true
People v. Wade, 2024COA13
https://files.constantcontact.com/45bb5db5401/bddbb07f-b600-4a91-926d-aa4ffe5e1454.pdf?rdr=true
Snow v. People PWC
https://files.constantcontact.com/45bb5db5401/967c3f2f-29ff-4995-b9c8-a4d62d142a54.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