OADC Weekly Case Law Update

This podcast covers case summaries distributed on 1/17/2023.

Cases and Keywords with timestamps:

(02:20) Commonwealth v. Mattis, --- N.E.3d ----, 2024 WL 118188 (2024); The Massachusetts Supreme Court establishes that a life without parole sentence for people between the ages of 18 and 20 violates the cruel and unusual punishment clause of the Massachusetts Constitution.

(08:16) Johnson v. Bursek, 2024 CO 1 (January 16, 2024); Per-client fee to continue representation after attorney leaves firm violates public policy; Appellate courts must offer clear justification for addressing issues sua sponte.

(11:44) People v. Dye, 2024 CO 2 (January 16, 2024): The mechanics of raising alternate suspect defenses per Crim. P. 16(II)(c) and People v. Elmarr.

(17:12) People in Interest of CMWR, 2024COA4 (January 11, 2024); Courts must consider the factors in section 18-1-405(6)(g), when ruling on a prosecutor's request to continue the trial in a juvenile adjudicatory action past the speedy trial deadline, without the juvenile's consent.

(22:40) Johnson v McGrath, 2024COA5 (January 11, 2024); Imminent danger exception to three strikes bar on frivolous pleadings by incarcerated persons.

(24:21) People v. Sandoval, 20CA1285 (January 11, 2024); Factors evidencing probable cause for pat down and warrantless search.

(32:33) People v. Fechtlier, 22CA0019 (January 11, 2024); Summary denial of 35(b) motion without court's factual findings or conclusions of law.

Links:

Johnson v. Bursek, 2024 CO 1

https://files.constantcontact.com/45bb5db5401/cb20a27c-871e-4279-b772-c08d256d140e.pdf?rdr=true

People v. Dye, 2024 CO 2

https://files.constantcontact.com/45bb5db5401/6994635f-df97-45fa-b487-d36eb4bb9c1c.pdf?rdr=true

People in Interest of CMWR 2024COA4

https://files.constantcontact.com/45bb5db5401/8199f5e1-40a8-4e5c-954d-9245f4ecee48.pdf?rdr=true

Johnson v McGrath, 2024COA5

https://files.constantcontact.com/45bb5db5401/3fb472be-e419-43c2-bba7-e865eb46bb70.pdf?rdr=true

Commonwealth v. Mattis, --- N.E.3d ----, 2024 WL 118188 (2024)

https://files.constantcontact.com/45bb5db5401/d61a23ee-19e8-409c-b24a-ee56c02e2a39.docx?rdr=true

Mattis briefs

Corrected Opening Brief

https://files.constantcontact.com/45bb5db5401/5ef3edac-5dca-457e-8567-9fcd5c39f836.docx?rdr=true

Government's Brief

https://files.constantcontact.com/45bb5db5401/e4dfc234-c986-4f5f-b784-2606e3241651.docx?rdr=true

Mattis's Reply Brief

https://files.constantcontact.com/45bb5db5401/dbef8021-1717-4f65-ad4d-de8c6db7d823.docx?rdr=true

Joint Reply Brief

https://files.constantcontact.com/45bb5db5401/26c9446d-7e09-43fe-ad91-77eb64121146.docx?rdr=true

Amicus briefs were submitted by:

(1) twenty-three retired Massachusetts judges, Boston Bar Association,

and Massachusetts Bar Association;

https://files.constantcontact.com/45bb5db5401/985118ae-45c7-4246-baa7-b373834c8071.docx?rdr=true

(2) seventeen neuroscientists, psychologists, and criminal justice scholars;

https://files.constantcontact.com/45bb5db5401/c2fdb52d-70dc-4b88-8e7a-b8e1051e3918.docx?rdr=true

(3) Sentencing Project, Juvenile Law Center, and Roderick and Solange MacArthur Justice Center;

https://files.constantcontact.com/45bb5db5401/2a30dee3-e68c-48ee-9678-5266508e8280.docx?rdr=true

(4) the Committee for Public Counsel Services;

https://files.constantcontact.com/45bb5db5401/b589192d-6d08-47db-af63-5d1a532c6473.docx?rdr=true

(5) Boston University Center for Antiracist Research, Fred T. Korematsu Center for Law and Equality, Center on Race, Inequality, and the Law, and Criminal Justice Institute at Harvard Law School;

https://files.constantcontact.com/45bb5db5401/6018a2f1-62a9-453f-acc3-d402a5b7a71b.pdf?rdr=true

Rule Change 2024(01)

https://files.constantcontact.com/45bb5db5401/8ab48ec1-7a08-415e-9a2c-32c3f9db57bd.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 1/9/2023.

Cases and Keywords with timestamps:

(01:08) People v. Young, 2024COA1 (January 4, 2024); Voluntariness of sobriety test during DUI stop, COVID pandemic cessation of breath tests for DUI testing.

(05:05) State v. Dorff, 526 P.3d 988 (Idaho 2023), cert. denied, 144 S. Ct. 249 (2023); Dog sniff search as trespass.

Links:

People v. Young, 2024COA1 (January 4, 2024)

https://files.constantcontact.com/45bb5db5401/cf2f873b-6e8a-435e-b7e0-289acfb2ec98.pdf?rdr=true

State v. Dorff, 526 P.3d 988 (Idaho 2023)

https://files.constantcontact.com/45bb5db5401/6a8d0236-ba62-46d0-bb44-7c52a8da374c.docx?rdr=true

Dorff OB

https://files.constantcontact.com/45bb5db5401/3ec49773-07bc-4adb-bbb8-239339ae0cf3.docx?rdr=true

Dorff RB

https://files.constantcontact.com/45bb5db5401/d7a1cfaa-bfc1-4f90-9aa2-648d77918c28.docx?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 1/2/2024.

Cases and Keywords with timestamps:

(02:41) People v. Gonzalez-Quezada, 2023COA124 (December 28, 2023); Heat of Passion mitigator for second degree murder, Witness testimony when Fifth Amendment may be invoked, Confrontation Clause and CRE 403, Expelled juror from Webex during trial was not violation of public trial right.

(11:32) UNPUBLISHED People v. Ruybal, 22CA0799 (December 14, 2023); Stipulated 16 year sentence for F(4) second-degree kidnapping was illegal since it was not a crime of violence and, therefore, not subject to the extraordinary risk enhancement.

(15:11) UNPUBLISHED People v. Bentley, 22CA898 (December 14, 2023); Trial court could not order restitution for amounts paid by insurance company for property damages.

(16:48) UNPUBLISHED People v. Contreras-Guzman, 21CA1641 (December 21, 2023); Trial Court's erroneous application of Rape Shield Statute prohibiting introduction of alleged victim's motive to lie.

(19:03) UNPUBLISHED People v. Ward, 22CA1820 (December 21, 2023); Defendant entitled to evidentiary hearing on 35(c) petition for violation of probation due to IAC.

(21:37) UNPUBLISHED People v. Butterfield, 20CA127 (December 28, 2013); Erroneous admission of testimony from expert that a peer reviewed and approved the DNA findings when that peer didn't testify at trial.

(23:50) Shaw v. Jones, CV 19-1343-KHV, 2023 WL 4684682 (D. Kan. July 21, 2023); Kansas Highway Patrol's "Two-Step" traffic stop process was unconstitutional and granted a permanent injunction in a 42 U.S.C. §1983 suit against the KHP's use of this technique.

(28:46) In Re: People v. Mobley, 23SA289; Colorado's equal protection clause.

Links:

People v. Gonzalez-Quezada, 2023COA124

https://files.constantcontact.com/45bb5db5401/de78854f-72e2-4a62-82e4-dfb8bc7d3e93.pdf?rdr=true

Shaw v. Jones, CV 19-1343-KHV, 2023 WL 4684682 (D. Kan. July 21, 2023)

https://files.constantcontact.com/45bb5db5401/e9bef507-c8e2-45b9-bd09-d5997eff7cf7.docx?rdr=true

Bosire v. McMillan, CV 19-01343-KHV, 2023 WL 3275787 (D. Kan. May 5, 2023)

https://files.constantcontact.com/45bb5db5401/5136cb93-c3f5-46ed-9c2d-c7e3cf1a38da.docx?rdr=true

Vasquez v Lewis

https://files.constantcontact.com/45bb5db5401/4e3f1613-e6dc-42ac-ad9c-fe9a6704f291.pdf?rdr=true

Petition for Relief Mobley Final

https://files.constantcontact.com/45bb5db5401/8b78cb12-be00-4b07-8269-6fcfaba8345c.pdf?rdr=true

Mobley Amicus Brief

https://files.constantcontact.com/45bb5db5401/785bc4b6-34d9-4ef7-99ff-fcb94ab073d9.pdf?rdr=true

Bert's suggested Ted Talk - Embracing Mediocrity for your viewing pleasure:

https://www.ted.com/talks/crispin_thurlow_why_you_should_embrace_mediocrity?utm_campaign=tedspread&utm_medium=referral&utm_source=tedcomshare

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 12/26/2023.

Cases and Keywords with timestamps:

(02:38) People v. Shockey, 2023COA121 (December 21, 2023); Complicity liability, Jury instructions, Inconsistent verdicts, Double jeopardy.

(07:46) People v. Duncan, 2023COA122 (December 21, 2023); The word "protracted" in the definition of serious bodily injury means a "prolonged, continued, or extended" condition, not a permanent condition, Prosecutorial misconduct.

(13:24) UNPUBLISHED People v. Kore, 21CA1586 (December 21, 2023); Fugitive disentitlement doctrine did not require dismissal of appeal, Restitution hearing held without defendant's presence or waiver of presence.

(16:20) United States v. Ramos, 23-6071, 2023 WL 8658839 (10th Cir. Dec. 15, 2023); Applying the five-factor test from U.S. v. Sanders, the officer's decision to impound Ramos's tow-truck from a store parking lot was not supported by a reasonable, non-pretextual community-caretaking rationale.

(21:00) United States v. Medeiros, (No. 23-2019) (D. N.M.) (December 19, 2023); Posttrial Rule 29 MJA motions, cumulative prejudice from multiple trial errors, order for new trial was reasonable.

(23:35) Thornton v. Kroger Co., CIV 20-1040 JB/LF, 2023 WL 6378417 (D.N.M. Sept. 29, 2023); Daubert and FRE 702, plaintiff's experts.

Links:

People v. Shockey, 2023COA121

https://files.constantcontact.com/45bb5db5401/d385e5f9-05b7-4522-85c3-aae81b3c744d.pdf?rdr=true

People v. Duncan, 2023COA122

https://files.constantcontact.com/45bb5db5401/6d95fc62-3e8e-4e08-938e-60a2bf3d3b8f.pdf?rdr=true

U.S. Ramos, No. 23-6071

https://files.constantcontact.com/45bb5db5401/b4fc8bad-db1c-4eca-bc30-f6ff0362e924.pdf?rdr=true

U.S. v. Ramos OB

https://files.constantcontact.com/45bb5db5401/9df5300e-2062-49ed-bf54-d4426faf39f0.docx?rdr=true

U.S. v. Ramos, RB

https://files.constantcontact.com/45bb5db5401/800087b1-20b4-409c-938c-f4ea0957969e.docx?rdr=true

U.S. v. Medeiros, No. 23-2019

https://files.constantcontact.com/45bb5db5401/aac97012-3f7a-400c-a400-d305a8f0d66c.docx?rdr=true

Thornton v. Kroger

https://files.constantcontact.com/45bb5db5401/73cc1ad1-cc8a-40b8-8649-39f133947083.pdf?rdr=true

Sample Motion for Postconviction DNA testing

https://files.constantcontact.com/45bb5db5401/203d7ab3-6520-416a-ad6d-85cf1cd24421.docx?rdr=true

The Association for the Prevention and Treatment of Sexual Abuse (ATSA) just updated its great reference on concerning behaviors by children under 12: https://www.atsa.com/pdfs/Adolescent/CSBP-2nd-Edition-2023.pdf

Bert's suggested TED Talk

https://www.ted.com/talks/keely_muscatell_the_science_behind_how_sickness_shapes_your_mood?user_email_address=fcd14c1beaa413f4324802db1a44a4aa

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 12/19/2023.

Cases and Keywords with timestamps:

(02:20) People v. Sanders, 2023 CO 62 (December 18, 2023); Government must raise all issues in interlocutory appeal.

(04:00) People v. Gemelli, 2023COA119 (December 14, 2023); Defendant can be made to choose between appointed counsel and a continuance or maintaining the trial date and proceeding pro se, jail interference in defense, court has no duty to sua sponte terminate pro se representation due to defendant's gross incompetence in mounting defense, jury deadlock.

(10:40) People v. Wells-Yates, 2023COA120 (December 14, 2023); Further clarification about proportionality reviews.

(21:46) UNPUBLISHED People v. Clark, 20CA1567 (December 14, 2023); Counsel failed by not calling a DNA expert, jurors were exposed to prejudicial extraneous information when juror visited crime site during trial.

(27:16) UNPUBLISHED People v. Brown, 22CA238 (December 14, 2023); COVID-19 delay of trial denied speedy trial right.

Links:

People v. Sanders, 2023 CO 62

https://files.constantcontact.com/45bb5db5401/2b627601-8f88-42d4-a7c1-2c4618b79d0b.pdf?rdr=true

People v. Gemelli, 2023COA119

https://files.constantcontact.com/45bb5db5401/838dffbc-b23d-4da8-9d84-850f72e6e382.pdf?rdr=true

People v. Wells-Yates, 2023COA120

https://files.constantcontact.com/45bb5db5401/c3dc6e58-f32b-4959-b6ac-843998d182e7.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/

Special music by MuzaProduction, Jingle Bells, from Free Music Archive and used under a CC-BY-NC license.

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 12/13/2023.

Cases and Keywords with timestamps:

(01:36) In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16.

(16:06) People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental state expert testimony.

(23:37) People v. Zoller, 2023COA117 (December 7, 2023); Challenges to conditions in Mandatory Protection Orders.

(25:42) UNPUBLISHED People v. Smith, 21CA1738 (December 7, 2023); Trial court erred in refusing to provide Heat of Passion due to Provocation instruction.

(29:47) UNPUBLISHED People v. Loos, 22CA1085 (December 7, 2023); Trial court did not err when it excluded witness testimony as a sanction for Rule 16 violation, Prosecution's appeal of sanction was not authorized because sanction wasn't a question of law.

Links:

In re. People v. Tippet, 2023 CO 61

https://files.constantcontact.com/45bb5db5401/dd3c6bbd-d04d-42ab-84f3-a77d98cc8942.pdf?rdr=true

People v. Day, 2023COA115

https://files.constantcontact.com/45bb5db5401/1282c9b1-ba51-4a84-b5c6-07546817ca27.pdf?rdr=true

People v. Zoller, 2023COA117

https://files.constantcontact.com/45bb5db5401/10ddaf0b-08a7-4f7e-8029-ec10293581c6.pdf?rdr=true

OARC Complaint against Linda Stanley

https://files.constantcontact.com/45bb5db5401/3de4b00d-2e3f-495f-83cb-1aaaa45d7fb2.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 12/6/2023.

Cases and Keywords with timestamps:

(02:25) People v. Poot-Baca, 2023COA112 (November 30, 2023); Possession and use of financial instrument are not the same offense, identification of perpetrator.

(09:39) People v. Cooper, 2023COA113 (November 30, 2023); Res Gestae bar not retroactive.

(11:17) People v. Pfeiffer, 20CA844 (November 30, 2023); JEEN in post-conviction proceedings.

(18:33) People v. Woodruff, 20CA275 (November 30, 2023); Use of post-Miranda silence to impeach claim of self-defense.

(23:18) People v. Clark, 22CA0033 (November 30, 2023); Admission of evidence of previous conviction.

Links:

People v. Poot-Baca 2023COA112

https://files.constantcontact.com/45bb5db5401/b87f3a9c-6281-4b2d-b602-731ed128491e.pdf?rdr=true

People v. Cooper 2023COA113

https://files.constantcontact.com/45bb5db5401/9320d985-8a09-4e70-b755-87e319f32d49.pdf?rdr=true

McElrath-v-Georgia Amicus Brief

https://files.constantcontact.com/45bb5db5401/ba1d4341-dfc9-4c89-aa8d-66429a11b1ba.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 11/28/2023.

Cases and Keywords with timestamps:

(01:00) People v. Mion, 2023COA110 (November 22, 2023); Involuntary intoxication instruction when some intoxicants were voluntarily ingested and others were not.

Links:

People v. Mion, 2023COA110

https://files.constantcontact.com/45bb5db5401/dca66cdc-902f-4888-9816-7d22de780120.pdf?rdr=true

Motion to Dismiss Due to Selective Prosecution based on Race

https://files.constantcontact.com/45bb5db5401/c11d90a5-4606-4d99-aa45-7e3a9c31e67f.pdf?rdr=true

Amy Trenary's list of workbooks: https://www.amazon.com/hz/wishlist/ls/FXQ178EBMGPN?ref_=wl_share

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 11/21/2023.

Cases and Keywords with timestamps:

(02:01) UNPUBLISHED People v. Ellis, 20CA2027 (November 9, 2023); The trial court reversibly erred by allowing the prosecutor to elicit Ellis's mother's hearsay statements in violation of his Confrontation Clause rights.

(05:12) UNPUBLISHED People v. Hudson, 21CA749 (November 9, 2023); The division reversed because the government failed to produce sufficient evidence that Hudson could have used debit cards to obtain anything of value.

(06:46) UNPUBLISHED People v. Espinoza, 21CA1061 (November 16, 2023); Nothing in Espinoza's plea agreement prevented her from successfully arguing the district court erred when imposing restitution after the 91-day deadline, nor could the government withdraw from the plea agreement after the court found the trial court violated its statutory obligation.

(12:07) UNPUBLISHED People v. Townsell, 21CA2068 (November 16, 2023); The postconviction court summarily denied Townsell's petition without appointing counsel because he failed to establish prejudice from his attorney's failure to present DNA evidence in support of his alternate suspect defense. The majority affirmed. Judge Schutz provided a solid dissent explaining the importance of the evidence and the significance of Townsell being incarcerated in his inability to obtain the necessary factual evidence without the assistance of counsel.

(17:32) UNPUBLISHED People v. Plateel, 22CA2117 (November 16, 2023); The government's decision to file a complaint and a grand jury's indictment in two separate cases based on identical charges was not authorized by the Criminal Rules of Procedure and caused the defendant to suffer "undue harassment and unwarranted oppression."

Links:

RULE CHANGES RULE CHANGE 2023(15) RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW IN COLORADO Rule 207.1 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(15).pdf

RULE CHANGE 2023(16) COLORADO LICENSED LEGAL PARAPROFESSIONAL RULES OF PROFESSIONAL CONDUCT Rules 3.1, 3.3, 3.7, and 3.9 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(16).pdf

RULE CHANGE 2023(17) COLORADO RULES OF PROFESSIONAL CONDUCT Preamble and Rules 1, 3.4, 3.7, 4.2, 4.3, 5.1, 5.3, 5.3A, 5.4, 5.5, 5.6, 7.3, 8.3, and 8.4 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(17).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 11/15/2023.

Cases and Keywords with timestamps:

(02:24) People v. Jones, 2023COA104; Self-defense jury instruction, Force against intruder jury instruction, Admission of victim's hearsay statements.

(07:51) People v. Munoz-Diaz, 2023COA105; Police promise not to extradite was not a coercive promise overcoming the defendant's will.

(10:34) People v. Mickey, 2023COA106; The district court's authority to enter restitution was not extended or restored by a waiver of the 91-day deadline.

(12:42) UNPUBLISHED People v. Espinoza, 22CA0662; Denial of a 35(b) motion for reconsideration must include the judge's basic reasons for the denial.

(15:22) UNPUBLISHED People v. Nieto, 20CA0564; The district court did not have authority to impose supplemental restitution amounts beyond 91-days without an express finding of good cause on the record, Denial of a 35(b) motion for reconsideration must include the judge's basic reasons for the denial.

(18:48) UNPUBLISHED People v. Lugo, 21CA1369; The prosecution must provide the names of the providers and the amounts paid by the CVCB under the restitution statute.

(20:22) UNPUBLISHED People v. Wallace, 22CA561; Statements made by victim to Forensic Nurse Examiner were testimonial hearsay and inadmissible.

(25:23) UNPUBLISHED People v. Ruffin, 21CA797; Waiver of counsel must be knowing and intelligent, as well as voluntary, and requires formal Arguello advisement by district court.

Links:

People v. Jones, 2023COA104

https://files.constantcontact.com/45bb5db5401/64839524-9593-4ac1-97d3-0d39a0fc5177.pdf?rdr=true

People v. Munoz-Diaz, 2023COA105

https://files.constantcontact.com/45bb5db5401/8cf240bc-3ede-4241-94b7-da350d1602c2.pdf?rdr=true

People v. Mickey, 2023COA106

https://files.constantcontact.com/45bb5db5401/3491dd01-95d6-4393-9668-0d6e55ca2515.pdf?rdr=true

In re. People in Interest of Minor Children, 2023 CO 57

https://files.constantcontact.com/45bb5db5401/568fe7f9-5d6b-460a-be65-873cc2d20e1f.pdf?rdr=true

In Re City of Rifle v. Mobley, 23SA289 Rule 21 Petition

https://files.constantcontact.com/45bb5db5401/84aa864c-d05e-4263-bd30-daacbece8f05.pdf?rdr=true

Contact Shawndell Irving here: Shawndell Irving

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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