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Episode 419 - OADC Weekly Case Law Update
Cases:
People v. Mills, 2025 CO 47 (June 30, 2025); When police seize a citizen's personal property, the police can take as much time as is "reasonable" to obtain the search warrant, even if that amount of time was not "necessary."
People in Interest of Kay W., 2025 CO 48 (June 30, 2025); If the court finds that your client waived their right to a jury trial, and the trial is reset, you should redemand a jury trial.
UNPUBLISHED People v. Young, 22CA1247 (June 26, 2025); Before a judge can cut a parent off from contact with their child, the court must make specific findings that (1) compelling circumstances require the condition and (2) less restrictive means are not available.
UNPUBLISHED People v. Rivera, 24CA0415 (June 26, 2025); In a postconviction motion, petitioner alleged that trial counsel failed to sufficiently advise him of his right to testify. The district court denied the claim because a Curtis Advisement had been given. But, the division reversed, finding Rivera sufficiently alleged a challenge to the validity of his waiver of the right to testify.
Links:
People v. Mills, 2025 CO 47
https://files.constantcontact.com/45bb5db5401/d076a6b1-d642-49a3-ac03-9c22994f3079.pdf?rdr=true
People in Interest of Kay W., 2025 CO 48
https://files.constantcontact.com/45bb5db5401/b83dbdfb-0de8-4da6-89ee-64c7051db2a9.pdf?rdr=true
Rule 24 2025 Amendment Final
https://files.constantcontact.com/45bb5db5401/f9f35401-29f9-421a-bf29-66e862ae250e.pdf?rdr=true
This week's Victory Newsletter
https://files.constantcontact.com/45bb5db5401/528d2258-8c21-4e70-adbf-cf74a7d19aff.pdf?rdr=true
Last Week's Victory Newsletter
https://files.constantcontact.com/45bb5db5401/925a4d91-d82d-45df-bcf4-f8a22dfac08f.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 CounselCases:
People v. Mills, 2025 CO 47 (June 30, 2025); When police seize a citizen's personal property, the police can take as much time as is "reasonable" to obtain the search warrant, even if that amount of time was not "necessary."
People in Interest of Kay W., 2025 CO 48 (June 30, 2025); If the court finds that your client waived their right to a jury trial, and the trial is reset, you should redemand a jury trial.
UNPUBLISHED People v. Young, 22CA1247 (June 26, 2025); Before a judge can cut a parent off from contact with their child, the court must make specific findings that (1) compelling circumstances require the condition and (2) less restrictive means are not available.
UNPUBLISHED People v. Rivera, 24CA0415 (June 26, 2025); In a postconviction motion, petitioner alleged that trial counsel failed to sufficiently advise him of his right to testify. The district court denied the claim because a Curtis Advisement had been given. But, the division reversed, finding Rivera sufficiently alleged a challenge to the validity of his waiver of the right to testify.
Links:
People v. Mills, 2025 CO 47
https://files.constantcontact.com/45bb5db5401/d076a6b1-d642-49a3-ac03-9c22994f3079.pdf?rdr=true
People in Interest of Kay W., 2025 CO 48
https://files.constantcontact.com/45bb5db5401/b83dbdfb-0de8-4da6-89ee-64c7051db2a9.pdf?rdr=true
Rule 24 2025 Amendment Final
https://files.constantcontact.com/45bb5db5401/f9f35401-29f9-421a-bf29-66e862ae250e.pdf?rdr=true
This week's Victory Newsletter
https://files.constantcontact.com/45bb5db5401/528d2258-8c21-4e70-adbf-cf74a7d19aff.pdf?rdr=true
Last Week's Victory Newsletter
https://files.constantcontact.com/45bb5db5401/925a4d91-d82d-45df-bcf4-f8a22dfac08f.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