This podcast covers case summaries distributed on 10/17/2025 and 10/24/2025

Cases:

People in Interest of S.G.H., 2025 CO 59 (October 13, 2025); The Supreme Court held that AI-generated deepfake images depicting minors were not "sexually exploitative material" under the statute in effect at the time because they were digitally fabricated rather than digitally reproduced, resulting in dismissal of all charges.

UNPUBLISHED People v. Garcia, 23CA0568 (October 16, 2025); Garcia's conviction for possessing more than four grams of fentanyl was reversed where eighty-nine pills weighed over nine grams total but contained only 0.178 grams of actual fentanyl.

UNPUBLISHED People v. Hernandez, 23CA1042 (October 16, 2025); Two felony menacing convictions must merge where defendant threatened victim with a blender blade and then a knife five minutes later as part of a continuing course of intimidation.

U.S. v. Bycroft, No. 24-7020 (October 16, 2025); The Tenth Circuit found plain error where the district court imposed a complete internet ban as a supervised release condition without providing any explanation or analysis as required by precedent.

People v. Fields, 2025COA84 (October 23, 2025); On remand after Erlinger, the division found the trial court erred by denying Fields a jury on habitual criminal findings but held the error harmless where three prior convictions clearly arose from separate criminal episodes.

UNPUBLISHED People v. Bauereiss, 22CA1724 (October 23, 2025); Trial court reversibly erred by admitting expert testimony about long-term effects of strangulation where no evidence showed the victim suffered from any such effects.

UNPUBLISHED People v. Bolling, 24CA0972 (October 23, 2025); Postconviction court erred by denying Rule 35(c) claim without a hearing where petition adequately alleged counsel failed to investigate and present mitigation evidence at sentencing, including mental health diagnoses and family support.

UNPUBLISHED In the matter of King, 25CA0691 (October 23, 2025); District court erred in denying name change petition based on sex offender registrations where petitioner had no felony convictions, only a deferred judgment that was successfully completed.

Links:

People in Interest of S.G.H., 2025 CO 59

https://files.constantcontact.com/45bb5db5401/28bbb872-8128-417e-845d-6b0cf52d4c6e.pdf

23CA0568 Peo v Garcia 10-16-2025

https://files.constantcontact.com/45bb5db5401/d97f8bda-d418-4646-9100-0a6bd77300e0.pdf

23CA1042 Peo v Hernandez 10-16-2025

https://files.constantcontact.com/45bb5db5401/3e46c185-a216-4430-8233-1c74a047c8c6.pdf

U.S. v. Bycroft (10.16.2025)

https://files.constantcontact.com/45bb5db5401/390f983d-7c95-45d9-bff6-c5bd457e5e5f.pdf

People v. Fields, 2025COA84 (October 23, 2025)

https://files.constantcontact.com/45bb5db5401/6151e7e1-5c44-498e-afe6-bac7854ddc99.pdf

UNPUBLISHED People v. Bauereiss, 22CA1724 (October 23, 2025)

https://files.constantcontact.com/45bb5db5401/8977b0e7-f4f2-44a5-bdfc-942dcdb15c4d.pdf

UNPUBLISHED People v. Bolling, 24CA0972 (October 23, 2025)

https://files.constantcontact.com/45bb5db5401/9d439f17-bc5f-4653-80bd-3291e468984b.pdf

UNPUBLISHED In the matter of King, 25CA0691 (October 23, 2025)

https://files.constantcontact.com/45bb5db5401/04c72bae-8873-4092-a966-3bc45c52ff80.pdf

41 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/3c8edf7a-eb5c-4818-a1c5-413209026d4d.png

Victory Newsletter

https://files.constantcontact.com/45bb5db5401/a1329a17-bf90-44ea-b505-db1ed2b15b00.pdf

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