OADC Weekly Case Law Update

First episode of the backyard tiki bar Pirate Radio series. Performed on a whim. Please listen with a grain of salt - or better yet, a whole rimful of salt. This episode covers the opinions I liked that were issued at the end of December 2025 and the first week or two of January.

My mini-summaries and links are below:

People v. Malcolm, 2025COA95 (December 24, 2025) Early one morning, Malcolm's 6-year-old child was taken to the hospital with serious physical injuries. There was no evidence of who inflicted the injuries, how the injuries occurred, or when the injuries occurred. The government prosecuted Malcolm based almost entirely on evidence that Malcolm harshly disciplined the children in the past, so it was likely that she got angry and abused her child again. The division found the trial court violated CRE Rule 404(b) in admitting this evidence, and that reversal was required.

People v. Wynn, 23CV30737 (December 17, 2025) (Misdemeanor appeal to district court!) C.R.S. § 18-18-403.5(4) allows for a pre-trial immunity from prosecution hearing where the claimed amount of a controlled substance possessed by the defendant is arguably minuscule, residual, or unusable. If immunity from prosecution is denied, the issue should be given to the jury with an appropriate affirmative defense instruction.

People v. Castorena, 2026 CO 2 (January 12, 2026) Castorena is being prosecuted by the 17th JD after his first conviction was reversed on appeal. In his first trial, Yvonne Missy Woods (YMW) testified about her analysis of DNA evidence. Castorena, therefore, requested that the 17th DA disclose information related to the 1st DA's criminal investigation of YMW. Since the 17th doesn't have that information, the trial court ordered, pursuant to Crim. P. 16(I)(c)(2), the 1st JD to turn over "the complete investigative criminal file for Jefferson County District Court case number 25CR136, People v. Yvonne Woods, . . . to the defendant and his attorneys." The 1st JD DAs filed a Rule 21 petition. The majority agreed that the district court could order the 1st JD to produce the information about their criminal prosecution of YMW under Crim. P. 16(I)(c). But, even though the 1st JD received the order by email and US mail, in the absence of formal service of the order under Colo. Rule of Civil Procedure Rule 4(e), the district court lacked personal jurisdiction over the 1st DA's office. They remanded for the OSPD to formally serve the 1st JD DA. They also slipped in a requirement that the district court do a Spykstra analysis – which I think is wrong.

Case v. Montana, No. 24-624 (January 14, 2026) The Court hews closely to Brigham City v. Stuart, 547 U. S. 398, and reaffirms that the "emergency aid exception" allows police officers to enter a home without a warrant if they have an "objectively reasonable basis for believing" that "an occupant is seriously injured or imminently threatened with such injury." Under the facts here, the officers had an "objectively reasonable basis for believing" that Chase needed "emergency assistance," based on information that he had shot himself or was about to shoot himself.

Case v. Montana, No. 24-624

https://files.constantcontact.com/45bb5db5401/55637bb3-8367-4560-9ff1-9c60b4aa9356.pdf

People v. Castorena, 2026 CO 2

https://files.constantcontact.com/45bb5db5401/c050ee74-7d5c-412b-a23e-ec82f70a1915.pdf

KWIP Amicus supporting Castorena

https://files.constantcontact.com/45bb5db5401/6a4eba6f-1b44-441e-8fb3-ab77979c83ea.pdf

P. v. Wynn Order On Appeal

https://files.constantcontact.com/45bb5db5401/6e27b935-188a-4f61-b821-c59e3bdfecdb.pdf

People v. Malcolm, 2025COA95

https://files.constantcontact.com/45bb5db5401/229601ad-3dae-40d5-815a-e3d601cfeda2.pdf

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

This podcast covers case summaries distributed on 12/12/2025

Cases:

People v. Berumen, 2025COA93 (December 11, 2025); Trial court properly denied choice of evils instruction, and majority upholds 2022 reasonable doubt instruction over Judge Berger's dissent arguing "a real possibility" language is ambiguous and lowers prosecution's burden.

Davenport v. U.S., 607 U.S. ____ (Dec. 8, 2025); Cert denied as untimely, but Justice Sotomayor's opinion respecting denial emphasizes trial courts' continuing duty to make informed decisions about providing jury definitions of "reasonable doubt."

UNPUBLISHED People v. Johnson, 23CA1002 (December 11, 2025); Trial court abused discretion by answering jury question in manner that definitively resolved contested kidnapping element (whether 10-foot drag inside apartment satisfied movement requirement), impermissibly lowering prosecution's burden of proof; error not harmless.

UNPUBLISHED People v. Williams, 23CA0392 (December 11, 2025); District court erred by summarily denying postconviction claim of ineffective assistance for failure to adequately investigate alibi defense where identity was critical issue.

Clark v. Sweeney, 607 U.S. (Nov. 24, 2025); SCOTUS reverses 4th Circuit's grant of AEDPA relief because appeals court abused discretion by departing from party presentation principle and granting relief on claim petitioner never raised.

Pitts v. Mississippi, 607 U.S. (November 24, 2025); SCOTUS reverses conviction because trial court failed to make case-specific finding that need for screen between 4-year-old victim and defendant outweighed confrontation rights; remanded for harmless error analysis.

Links:

People v. Berumen, 2025COA93 (December 11, 2025)

https://files.constantcontact.com/45bb5db5401/9231d1b7-1f0e-4457-8bbc-1be44b8cb9be.pdf?rdr=true

UNPUBLISHED People v. Johnson, 23CA1002 (December 11, 2029)

https://files.constantcontact.com/45bb5db5401/6c0ee14d-ffca-45d4-8ffa-99f5ed8c72d2.pdf?rdr=true

UNPUBLISHED People v. Williams, 23CA0392 (December 11, 2025)

https://files.constantcontact.com/45bb5db5401/43bc7117-5608-4f57-b0cd-8a477e33ef28.pdf?rdr=true

Davenport v. U.S. (Dec. 8, 2025)

https://files.constantcontact.com/45bb5db5401/20510875-aca9-40b9-9872-9c430ff707f3.pdf?rdr=true

Clark v. Sweeney (Nov. 24, 2025)

https://files.constantcontact.com/45bb5db5401/b0956fb5-022c-41c4-94a3-9fdab06bdb36.pdf?rdr=true

Pitts v. Mississippi, (November 24, 2025)

https://files.constantcontact.com/45bb5db5401/7448ab36-ecfa-4f8f-8042-048c1c7607db.pdf?rdr=true

49 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/b630dca0-6c48-4008-be1d-1be409450e2a.pdf?rdr=true

48 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/bfeec268-e0d2-4763-8da2-3113b08b803c.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

This podcast covers case summaries distributed on 12/5/2025

Cases:

People v. Romero, 2025COA91 (November 26, 2025); COA holds that a hatchet qualifies as a "knife" under the 2022 menacing statute, reasoning that anything with a handle and blade designed for cutting meets the definition, thus sustaining the felony charge.

People in Interest of N.G., 2025COA92 (December 4, 2025); Division affirms involuntary commitment order under § 27-81-112 for person with incapacitating alcohol use disorder—a matter of first impression with potentially useful insights for representing clients with substance use disorders.

UNPUBLISHED People v. Thompson, 22CA1590 (November 26, 2025); DA improperly cross-examined defense expert Dr. Danielson with irrelevant and misleading information, though error didn't require reversal here; be prepared to object vigorously to protect this important expert's testimony.

UNPUBLISHED People v. Cramer, 23CA1481 (November 26, 2025); Sentencing court failed to make adequate § 18-1.3-603(1) finding that prosecution sought restitution and defendant was liable, rendering any subsequent restitution order illegal and non-waivable.

UNPUBLISHED People v. Bouchard, 24CA0507 (December 4, 2025); Court illegally imposed separate $163 victims' assistance surcharges on each of fourteen felony convictions instead of single surcharge required by § 24-4.2-104(1)(a)(I).

U.S. v. Honors, No. 24-3118 (November 26, 2025); District court erred by reopening final sentence to add no-contact order during incarceration; even if courts have inherent authority to impose NCO as civil injunction, rare and compelling circumstances required weren't present, and imposing NCO as supervised release condition unconstitutionally intruded on familial relations given 60-year sentence.

Links:

People v. Romero 2025COA91

https://files.constantcontact.com/45bb5db5401/c5cfa6a7-2555-425c-9c34-fa183b543987.pdf?rdr=true

People in Interest of N.G. 2025COA92

https://files.constantcontact.com/45bb5db5401/617c61ea-18ce-4f9e-9858-2a6ffd3ab2b8.pdf?rdr=true

24CA0507 Peo v Bouchard 12-04-2025

https://files.constantcontact.com/45bb5db5401/4245d5b4-11c4-4416-bb4d-203405edb0fd.pdf?rdr=true

22CA1590 Peo v Thompson 11-26-2025

https://files.constantcontact.com/45bb5db5401/874411db-a64c-4bdb-a751-d4f3a5ff1bb4.pdf?rdr=true

23CA1481 Peo v Cramer 11-26-2025

https://files.constantcontact.com/45bb5db5401/e8880175-d65c-4a9a-81f0-ef9f01deef1e.pdf?rdr=true

U.S. v. Honors 24-3118

https://files.constantcontact.com/45bb5db5401/159e3437-0104-4952-bd2e-45e5cd73b278.pdf?rdr=true

Victory Newsletter 47 of 2025

https://files.constantcontact.com/45bb5db5401/0094a2cd-0cbe-48cd-99c6-3086b4fd7c35.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

This podcast covers case summaries distributed on 11/21/2025

Cases:

People v. Montoya, 2025COA89 (November 19, 2025); the trial court violated Montoya's Sixth Amendment right to a public trial by excluding all spectators from physically attending proceedings. Also, the evidence was sufficient to establish barricading under the failure to leave the premises statute.

UNPUBLISHED People v. Thompson, 22CA1586 (November 20, 2025); in a road rage shooting case, the trial court erred by instructing the jury on the initial aggressor exception to self-defense where the evidence did not support the instruction.

U.S. v. Huerta, 25-1050 (10th Cir. Oct. 29, 2025); the police lacked reasonable suspicion to believe Huerta was armed and dangerous when they seized and searched him.

United States v. Hebert, No. 24-7030 (10th Cir. November 18, 2025); the Tenth Circuit applied a looser preservation rule for sufficiency of the evidence challenges and recognized the difficulty the government faces in proving a negative.

State v. Nieves, 088683, 2025 WL 3236984 (N.J. Nov. 20, 2025); the New Jersey Supreme Court became the first in the U.S. to prohibit prosecutors from presenting expert testimony that shaking a baby can, on its own, cause injuries severe enough to justify child abuse charges.

Links:

People v. Montoya, 2025COA89 (November 20, 2025)

https://files.constantcontact.com/45bb5db5401/32046cbc-c0d9-4494-ab0f-69a38518ecdd.pdf?rdr=true

UNPUBLISHED People v. Thompson, 22CA1586

https://files.constantcontact.com/45bb5db5401/54216331-0b22-4b98-9b08-55ce5f4bbb42.pdf?rdr=true

U.S. v. Huerta, 25-1050 (10th Cir. Oct. 29, 2025)

https://files.constantcontact.com/45bb5db5401/b14ed2d6-9d6d-4449-b9e4-7294fdf408c6.pdf?rdr=true

United States v. Hebert, No. 24-7030 (10th Cir. November 18, 2025)

https://files.constantcontact.com/45bb5db5401/d1026d8e-778a-44ba-a134-309317e4c482.pdf?rdr=true

State v. Nieves, 088683, 2025 WL 3236984 (N.J. Nov. 20, 2025)

https://files.constantcontact.com/45bb5db5401/e5432f4c-7521-40c3-9be1-ae3840fbd0ae.docx?rdr=true

COA new citation policy

https://files.constantcontact.com/45bb5db5401/a24c84ee-fce0-4ce4-aec0-7587e70d054f.pdf?rdr=true

Victory Newsletter 45 of 2025

https://files.constantcontact.com/45bb5db5401/9db4e4cd-b0ff-42f5-9344-94df27d425f1.pdf?rdr=true

Victory Newsletter 46 of 2025

https://files.constantcontact.com/45bb5db5401/ddb20f74-aea0-4453-9c23-c5dcecb91c0f.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

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

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

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

This podcast covers case summaries distributed on 9/19/2025 and 9/26/2025

Cases:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025); Pro se petition alleging ineffective assistance of counsel for the failure to consult with a DNA expert was not wholly unfounded, and he is entitled to the appointment of counsel and further proceedings as outlined in Crim. P. 35(c)(3)(V).

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025); The record did not support a finding that Burden impliedly waived the district court's statutory obligation to determine the amount of restitution within 91 days of sentencing.

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025); The procedures outlined in Rios-Vargas do not apply when the prosecution intends to call a witness to the stand who intends to invoke the 5th Amendment right to silence in front of the jury.

Ellingburg v. U.S.; whether restitution is punishment for purposes of the ex post facto clause.

Unpublished People v. Orana, 23CA0861 (September 25, 2025) A vehicle's listing as stolen in an unidentified list or database of an unknown agency, by itself, does not establish probable cause to arrest the driver of the vehicle.

Unpublished People v. Dobson, 23CA1211 (September 25, 2025) The district court erroneously denied, without a hearing, Dobson's claim that his trial counsel provided ineffective assistance of counsel by failing to adequately advise him before requesting a lesser included offense instruction and failing to argue to the jury that he was not guilty of the lesser included offense.

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025) The district court erred in rejecting, after a hearing, Olea-Monarez's claim that his plea counsel provided ineffective assistance of counsel by failing to advise him that his duress defense was a loser before he rejected the government's 25-year offer and was sentenced to life plus 30 years after his inevitable loss at trial.

Links:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025)

https://files.constantcontact.com/45bb5db5401/aa3998eb-a1c1-45a4-9755-34b21e493137.pdf?rdr=true

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/3a2b5fd0-4840-4476-9ed2-618bd437eff3.pdf?rdr=true

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/2bcc61ae-37ef-4c06-85f3-d84cd29acd8e.pdf?rdr=true

Angerer Order 9.8.2025

https://files.constantcontact.com/45bb5db5401/d66e944c-dddd-4570-87d5-af18475b1e9a.pdf?rdr=true

Angerer AB

https://files.constantcontact.com/45bb5db5401/dbc92966-db94-40ce-ad2a-1a683fe150a2.pdf?rdr=true

Angerer D. Ct. AB

https://files.constantcontact.com/45bb5db5401/820e6a3d-9f3f-470f-9e01-300ee25ce06b.pdf?rdr=true

Ellingburg v. U.S. PWC Rest. Ex Post Facto

https://files.constantcontact.com/45bb5db5401/835e08e8-44eb-45bf-8913-9d3fd3c7b470.pdf?rdr=true

Ellingburg OB

https://files.constantcontact.com/45bb5db5401/cf29dd17-ff8d-40f1-a510-bd558f4e4920.pdf?rdr=true

Ellingburg amicus brief law prof

https://files.constantcontact.com/45bb5db5401/de3098c2-2204-4355-b1ec-f02fd5a0a264.pdf?rdr=true

Ellingburg Gvt brief in support

https://files.constantcontact.com/45bb5db5401/7dbf1886-f8bc-4fa5-a96e-b6d8d2958826.pdf?rdr=true

Unpublished People v. Orana, 23CA0861 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/6a174bd0-b84c-479f-8415-ea76c9a7dc2e.pdf?rdr=true

Unpublished People v. Dobson, 23CA1211 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/9bedcebe-d1eb-47a4-8505-b046b1f1ed72.pdf?rdr=true

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025)

https://files.constantcontact.com/45bb5db5401/9ea1da48-2110-4a2b-9cf3-f2ded62a778f.pdf?rdr=true

37 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/a2c4986f-2fa8-4116-bda9-5b6f030ad28d.pdf?rdr=true

38 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/dd48ca59-e8c0-4928-ad08-591195c4eb5b.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

This podcast covers case summaries distributed on 9/12/2025

Cases:

People v. Hollis, 2025 CO 54 (Sept. 8, 2025); The government can't seek reimbursement for unrecovered buy money as restitution under § 18-1.3-602(3)(a) and (b).

People v. Hudson, 2025 CO 52 (Sept. 8, 2025); A person can be guilty of unlawful possession of a financial device for possessing a debit card with someone else's name on it where the prosecution does not establish that the debit card could be used to obtain a thing of value.

People v. Ray, 2025 CO 42M (originally issued June 23, 2025, but modified September 8, 2025); The Court cleans up its factual and legal errors in this modified opinion, including revisions to cruel and unusual punishment section.

In re. Stanley, 2025 CO 51 (Sept. 8, 2025) Justice Hood affirming the decision of the hearing board to disbar Linda Stanley, the DA of the 11th JD. In reaching this result, the majority concludes that, 1. the Presiding Disciplinary Judge ("PDJ") did not err when denying Stanley's motion to disqualify; and 2. Stanley did not violate Rule 5.1(b); and 3. Stanley did violate Rules 8.4(a) and 8.4(d); 4. Disbarment was the appropriate sanction.

People v. Woo, 2025COA77 (Sept. 11, 2025); Issue #1: The order denying a motion for return of property while postconviction proceedings are occurring is a final order for purposes of appeal. Issue #2: The district court erred in summarily denying Woo's motion for the return of his property because the prosecution failed to present sufficient evidence (at that stage) that Woo was not entitled to the return of his property.

Links:

People v. Hollis

https://files.constantcontact.com/45bb5db5401/fc7aa48a-97e6-4ba6-9a28-f3d41dd10d24.pdf?rdr=true

People v. Hudson

https://files.constantcontact.com/45bb5db5401/cc4e2f92-702e-429c-810f-ca57e9efb865.pdf?rdr=true

People v. Ray Modified Clean

https://files.constantcontact.com/45bb5db5401/d55c6b0b-2e50-4cb0-a58c-8ac88497b913.pdf?rdr=true

People v. Ray Greenlined Modifications

https://files.constantcontact.com/45bb5db5401/767675ba-71da-45dd-82ba-91161ed58afe.pdf?rdr=true

People v. Ray Pet. 4 Rehearing

https://files.constantcontact.com/45bb5db5401/ec748f31-e690-4398-9fe7-d5e98ad4536c.pdf?rdr=true

In re. Stanley

https://files.constantcontact.com/45bb5db5401/0e9fee4e-c907-4042-9f4b-237db0a3ebd9.pdf?rdr=true

People v. Woo, 2025COA77

https://files.constantcontact.com/45bb5db5401/33aa9855-8053-468e-b6cb-27762a46f862.pdf?rdr=true

36 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/41c70ed0-f409-458a-9081-fe11b7ea38e2.pdf?rdr=true

Magistrate Rues Change 9.8.2025

https://files.constantcontact.com/45bb5db5401/e54d508b-b205-4341-be11-dd7c3e60ccb2.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

This podcast covers case summaries distributed on 8/29/2025 & 9/5/2025

Cases:

In re. People v. Bell, 25SA254; the Supreme Court issued an order to show cause why the postconviction court did not err in finding that it lacked authority to order the prosecution to provide trial discovery to the defense.

People v. Lopez, 2025COA73 (Aug. 26, 2025); First-degree assault under § 18-3-202(1)(a) remains a per se grave or serious offense after Wells-Yates, and the 21-year sentence imposed in this case is not unconstitutionally harsh. The postconviction court did not err in summarily denying Lopez's claims of ineffective assistance of counsel because they were all conclusory.

UNPUBLISHED People v. Kelly, 23CA1685 (Aug. 28, 2025); The district court made legally insufficient findings when denying Mr. Kelly's Rule 35(b) motion for reconsideration of sentence.

U.S. v. Harrison, 23-6028 (Aug. 26, 2025); Application of 18 U.S.C. § 922(g)(3), which prohibits firearm possession by anyone who is an unlawful user of or addicted to a controlled substance, to non-intoxicated marijuana users.

People in Interest of A. F., 2025COA76 (September 4, 2025) A caseworker's expert testimony in a dependency and neglect proceeding is subject to CRE 702 and the analysis outlined in People v. Shreck, 22 P.3d 68 (Colo. 2001), including the requirement of specific findings as to admissibility.

UNPUBLISHED People v. Everett, 22CA0003 (Sept. 4, 2025); The district court erred by failing to give the jury a statutorily required cautionary instruction when admitting child hearsay under section 13-25-129.

UNPUBLISHED People v. Tatom, 23CA0332 (Sept. 4, 2025); The second degree assault predicate offense for first degree burglary merged into the conviction for first degree burglary.

United States v. Blasdel, 24-5071, 2025 WL 2502304 (10th Cir. Sept. 2, 2025); Police search was unconstitutional once illegally obtained information was excised and the search could not be saved by the good faith exception.

United States v. Kearney, 24-2078, 2025 WL 2502273 (10th Cir. Sept. 2, 2025); Provision of incorrect jury instructions meant that the jury was not required to find the correct mens rea for the offense charged. The trial court plainly erred by including only the false-return count and not the conspiracy count when instructing the jury on Kearney's advice-of-counsel defense.

United States v. Morgan, 24-3141, 2025 WL 2502968 (10th Cir. Sept. 2, 2025); In an unhelpful opinion, the panel rejected Morgan's Second Amendment challenge to §922(o) because he did not meet his burden under Bruen step one to show that his machineguns are "arms" protected by the Second Amendment—that they are " 'in common use' today for self-defense."

Scott v. Allen, No. 24-1349 (10th Cir. Sept. 3, 2025); Scott had standing to pursue both a facial and an as-applied constitutional challenge to § 18-9-313(2.7), which makes it unlawful to publish personal information about a "protected person" if the publisher knows or should know that disseminating the information could pose an "imminent and serious threat" to the protected person. In this case, the protected person was a Colorado State Trooper.

Carter v. U.S., No. 23-0388 (D.C. Cir. Aug. 28, 2025); When deciding whether a reasonable person would be seized by police conduct, it was reasonable and appropriate to consider both the officer's conduct and whether an objective and reasonable person sharing the defendant's generalized lived experiences arising out of their racial status would have felt free to terminate the police encounter.

Links:

People v. Bell, 25SA254, Rule 21 Petition

https://files.constantcontact.com/45bb5db5401/774f316f-390c-42b3-8228-78dc6d32075a.pdf?rdr=true

People v. Lopez, 2025COA73 (Aug. 26, 2025)

https://files.constantcontact.com/45bb5db5401/c779447b-4d1b-4b41-90e0-64ae37d40904.pdf?rdr=true

UNPUBLISHED People v. Kelly, 23CA1685 (Aug. 28, 2025)

https://files.constantcontact.com/45bb5db5401/0231dab8-eec4-4f03-9bd0-eb3a7db091aa.pdf?rdr=true

U.S. v. Harrison, 23-6028 (Aug. 26, 2025)

https://files.constantcontact.com/45bb5db5401/5a372590-77f6-4cf9-b997-5c78e0087bfc.pdf?rdr=true

34 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/b535206c-a4c3-4b36-bd96-432079f96705.pdf?rdr=true

People in Interest of A. F. 2025COA76

https://files.constantcontact.com/45bb5db5401/f29946a9-7d5f-486f-92e4-158459599322.pdf?rdr=true

UNPUBLISHED People v. Everett, 22CA0003 (Sept. 4, 2025)

https://files.constantcontact.com/45bb5db5401/f297b8bb-d3ba-429c-b6a0-9ea660ce2f96.pdf?rdr=true

UNPUBLISHED People v. Tatom, 23CA0332 (Sept. 4, 2025)

https://files.constantcontact.com/45bb5db5401/4fea56a7-aa29-4fb2-8c2d-b4b608429a72.pdf?rdr=true

Carter v. U.S. No. 23-0388 (D.C. Cir. Aug. 28, 2025)

https://files.constantcontact.com/45bb5db5401/a34373a3-8aca-4f26-bfe6-0e21264254bb.pdf?rdr=true

United States v. Kearney, 24-2078, 2025 WL 2502273 (10th Cir. Sept. 2, 2025)

https://files.constantcontact.com/45bb5db5401/7cc08dcb-89f6-4de9-b857-a2dd19141a2a.docx?rdr=true

United States v. Blasdel, 24-5071, 2025 WL 2502304 (10th Cir. Sept. 2, 2025)

https://files.constantcontact.com/45bb5db5401/b4c12101-6662-4ba8-a8b1-3dad811cfa6e.docx?rdr=true

United States v. Morgan, 24-3141, 2025 WL 2502968 (10th Cir. Sept. 2, 2025)

https://files.constantcontact.com/45bb5db5401/a9c104ea-e151-4e07-b801-f33c3aeba956.docx?rdr=true

Scott v. Allen, No. 24-01349 (10th Cir. Sep 09, 2024)

https://files.constantcontact.com/45bb5db5401/d093abc6-7aaa-402b-afc2-74aa73bb79fe.pdf?rdr=true

35 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/035e13ec-4db5-4916-9317-11876499150d.pdf?rdr=true

Class Action Complaint

https://files.constantcontact.com/45bb5db5401/838da414-20d4-49d3-bb43-d69703de5c0b.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