This podcast covers case summaries distributed on 11/7/2025 and 11/14/2025

Cases:

UNPUBLISHED People v. Sandoval, 22CA0824 (October 30, 2025); the trial court violated Sandoval's right to a public trial by excluding all observers from voir dire to accommodate an extended jury panel.

UNPUBLISHED People v. McCall, 22CA1268 (October 30, 2025); structural error occurred when McCall proceeded to trial pro se without a knowing, intelligent, and voluntary waiver of his Sixth Amendment right to counsel.

UNPUBLISHED People v. Owens, 23CA1062 (October 30, 2025); the district court erred in summarily denying Owens's pro se 35(c)(2) petition without referring it to the OSPD, where he sufficiently alleged ineffective assistance for counsel's failure to raise an Eighth Amendment challenge to his sentence and failure to move for dismissal under the speedy trial statute.

Daley v. Choate, No. 24-1191 (10th Cir. Nov. 3, 2025); the Equal Access to Justice Act authorizes attorneys' fees to petitioners who prevail against the Government in habeas actions challenging immigration detention.

People v. West, 2025 CO 61 (November 10, 2025); the district court erred by disqualifying the prosecutor, as his statement that he hoped the defendant would stab public defenders—though "unusually outrageous and shocking"—did not warrant disqualification.

UNPUBLISHED People v. Barron, 24CA0408 (November 13, 2025); appellate review of a denied motion to enforce a plea bargain is waived if the defendant enters a guilty plea pursuant to a new plea offer.

Links:

22CA0824 Peo v Sandoval 10-30-25

https://files.constantcontact.com/45bb5db5401/a7b8f67e-8be2-4d0a-bf01-5fb990965bf4.pdf?rdr=true

22CA1268 Peo v McCall 10-30-2025

https://files.constantcontact.com/45bb5db5401/151330cc-2925-4907-a30f-cc3ec4012638.pdf?rdr=true

23CA1062 Peo v Owens 10-30-2025

https://files.constantcontact.com/45bb5db5401/8749f90d-db55-48be-aeee-58f7596e3e59.pdf?rdr=true

Daley v. Choate 10th cir. 2025

https://files.constantcontact.com/45bb5db5401/dbc04f45-5510-42bd-b228-87f98c699ce8.pdf?rdr=true

People v. West 2025 CO 61 (November 10, 2025)

https://files.constantcontact.com/45bb5db5401/565b6a0e-a237-4bd1-84a9-68bc0acdb479.pdf?rdr=true

24CA0408 Peo v Barron 11-13-2025

https://files.constantcontact.com/45bb5db5401/f13d147d-0c0f-4593-bc96-cd630bd29756.pdf?rdr=true

43 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/abb6e837-3f26-4f2c-a92b-76eb53979d21.pdf?rdr=true

44 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/cb574b59-5fbb-4d21-89a7-1aa5d5134423.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