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Episode 390 - OADC Weekly Case Law Update
This podcast covers case summaries distributed on 12/6/2024
Cases and Keywords with timestamps:
(01:13) UNPUBLISHED People v. Jebe, 23CA1676 (December 5, 2024); Government's deadline for filing appeal was not extended by the prosecution's motion for reconsideration and JEEN was not shown for the untimely filing.
(03:45) UNPUBLISHED People v. Ramirez, 23CA1325 (December 5, 2024); The division vacated the order for additional restitution (not the original amount ordered when the plea was accepted) and the order for future treatment costs because the orders were entered more than 91 days after sentencing, and the trial court did not make an express finding that good cause justified the delay.
(09:15) UNPUBLISHED People v. Freeman, 21CA1721 (December 5, 2024); Defense counsel's possible invited error due to trial court's inability to reconstruct the record, Right to conflict-free counsel and counsel of choice, Denial of motion to suppress statements was not error.
Links:
Franklin v. New York,_Petition for Certiorari
https://files.constantcontact.com/45bb5db5401/48ebbd82-9663-4aa9-a87e-db1a395a7dfe.pdf?rdr=true
Erlinger and Apprendi Motion - Habitual Domestic Violence
https://files.constantcontact.com/45bb5db5401/a59893a3-cc7f-4e05-9e9b-bd6b70170106.docx?rdr=true
Victory Newsletter 49 of 2024
https://files.constantcontact.com/45bb5db5401/2eddf78e-720c-44eb-8ef6-0a6f49ef242f.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm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 12/6/2024
Cases and Keywords with timestamps:
(01:13) UNPUBLISHED People v. Jebe, 23CA1676 (December 5, 2024); Government's deadline for filing appeal was not extended by the prosecution's motion for reconsideration and JEEN was not shown for the untimely filing.
(03:45) UNPUBLISHED People v. Ramirez, 23CA1325 (December 5, 2024); The division vacated the order for additional restitution (not the original amount ordered when the plea was accepted) and the order for future treatment costs because the orders were entered more than 91 days after sentencing, and the trial court did not make an express finding that good cause justified the delay.
(09:15) UNPUBLISHED People v. Freeman, 21CA1721 (December 5, 2024); Defense counsel's possible invited error due to trial court's inability to reconstruct the record, Right to conflict-free counsel and counsel of choice, Denial of motion to suppress statements was not error.
Links:
Franklin v. New York,_Petition for Certiorari
https://files.constantcontact.com/45bb5db5401/48ebbd82-9663-4aa9-a87e-db1a395a7dfe.pdf?rdr=true
Erlinger and Apprendi Motion - Habitual Domestic Violence
https://files.constantcontact.com/45bb5db5401/a59893a3-cc7f-4e05-9e9b-bd6b70170106.docx?rdr=true
Victory Newsletter 49 of 2024
https://files.constantcontact.com/45bb5db5401/2eddf78e-720c-44eb-8ef6-0a6f49ef242f.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