This podcast covers case summaries distributed on 10/3/2025 and 10/10/2025

Cases:

People v. Gregg, 2025 CO 57 (September 29, 2025); Colorado's former habitual criminal sentencing statute is not facially unconstitutional under Erlinger because a jury can adjudicate habitual counts before a judge confirms or rejects those findings. Empaneling a second jury for habitual proceedings is permissible because Double Jeopardy doesn't apply to non-capital sentencing.

People v Conlon, 2025COA79 (October 2, 2025); Court-caused delays requiring a continuance don't waive speedy trial, but prosecutor-caused delays (absent bad faith) do waive speedy trial. The stalking statute (§ 18-3-602(1)(c)) is not facially unconstitutional. They also found sufficient evidence to support the protection order violation despite the wrong order being admitted.

Mosely v. Daves, 2025COA80 (October 2, 2025); In civil rights suits under § 13-21-131, reasonableness of a warrantless search is an affirmative defense the defendant must prove. Trial court properly excluded expert testimony that officer made a "reasonable decision" to conduct protective sweep and properly excluded evidence found during the unconstitutional search.

UNPUBLISHED People v. Martinez, 23CA0994 (October 9, 2025); Prosecutor committed plain reversible error by repeatedly commenting on defendant's failure to disclose self-defense claim to police or DA before trial.

UNPUBLISHED People v. Lucero, 22CA1333 (October 9, 2025); Trial court reversibly erred by failing to consider the harshness of sentences during abbreviated proportionality review, addressing only the gravity of the predicate offenses.

Jacobs v. Salt Lake City Schools, 23-4058 (October 9, 2025); Plaintiffs stated plausible claims under IDEA, ADA, and Section 504 by alleging district failed to make individualized educational placement determinations. Exhaustion would have been futile. The case was remanded for further proceedings.

Links:

People v. Gregg, 2025 CO 57

https://files.constantcontact.com/45bb5db5401/0b9017ee-c38c-4ab6-a0a5-e4a81d79224c.pdf?rdr=true

People v Conlon, 2025COA79

https://files.constantcontact.com/45bb5db5401/81029039-01ed-4838-a191-2732baddaeca.pdf?rdr=true

Mosely v. Daves, 2025COA80

https://files.constantcontact.com/45bb5db5401/6c0570c2-874e-466b-9045-0d90060c2bd3.pdf?rdr=true

UNPUBLISHED People v. Martinez, 23CA0994

https://files.constantcontact.com/45bb5db5401/970a70aa-0d5c-40af-8dfc-0afbc32309a6.pdf?rdr=true

UNPUBLISHED People v. Lucero, 22CA1333

https://files.constantcontact.com/45bb5db5401/d395a40f-c8cf-43d1-b009-81550428a0f3.pdf?rdr=true

Jacobs v. Salt Lake City School Dist.

https://files.constantcontact.com/45bb5db5401/ea1cb4f6-933d-46a9-9444-dc6fe794ad45.docx?rdr=true

39 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/1ab345a0-bb57-4fa5-86fc-5368b62e6e51.pdf?rdr=true

40 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/9e050c57-7ac6-4be3-863d-90bf8ff05e9d.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