OADC Weekly Case Law Update

This podcast covers case summaries distributed on 8/22/2025

Cases:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025) The trial court violated Mares statutory right to a speedy trial by setting his trial beyond the 6 month deadline. The trial court mistakenly relied on the COVID exception to the speedy trial provision long after it had lapsed. Further, it's post hoc rationalization that the delay was attributable to the defense was unsupported by the record.

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025) The trial court erred by summarily denying Kosak's deregistration petition simply because the judge thought Kosak was "smirking" during the victim's statement.

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025) The district court imposed an illegal sentence when it ordered a defendant to pay restitution for drug-buy money given by a police officer in a sting operation.

Links:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/416c2529-8513-4f1d-9a22-f8f9ba63c4da.pdf?rdr=true

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/b3a6e616-f139-47a1-9795-5527d11ebf62.pdf?rdr=true

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/38289cfb-0c94-43f8-9f28-895a20cb6b76.pdf?rdr=true

33 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/4464c9e4-1d69-4669-9628-ae82fe2dffbe.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm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 8/15/2025

Cases:

UNPUBLISHED People v. McRae, 23CA0012 (August 14, 2025); The district court erred by denying McCrae's motion to suppress the drugs seized from the backpack in his car because the officers unconstitutionally prolonged the stop by detouring away from investigating the traffic violation without reasonable suspicion that he possessed drugs.

People v. Chronis, 2025COA72 (August 14, 2025); The district court denied Chronis's petition to deregister due to a juvenile adjudication for unlawful sexual behavior that was expunged in 1995. The division reversed this order because it was unclear whether the lower court followed the procedure required by the 1995 expungement statute before considering whether the adjudication precluded deregistration. They also concluded that a lifetime registration requirement, because of a prior juvenile conviction in addition to an adult conviction, does not constitute punishment for purposes of the Eighth Amendment. Therefore, its retroactive application does not implicate the Ex Post Facto Clause.

Links:

People v. Chronis,

https://files.constantcontact.com/45bb5db5401/177ae75b-0d2b-4d5b-ae47-db42869a62b8.pdf?rdr=true

People v. McCrae

https://files.constantcontact.com/45bb5db5401/135818bb-67b8-4261-b417-4af4bc3aadb7.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 8/8/2025

Cases:

UNPUBLISHED People v. Amoako-Asiamah, 22CA0825 (August 7, 2025); When viewed alongside the other irregularities during the trial, the division could not conclude that Amoako-Asiamah received a fundamentally fair trial, and thus due process, after he was permitted to make a loud, rambling, unsworn statement to the jury during the prosecution's case in chief.

UNPUBLISHED People v. Blue, 22CA2075 (August 7, 2025); The division found insufficient evidence to sustain the attempted first degree murder (extreme indifference) (AEIM) conviction.

Links:

UNPUBLISHED People v. Amoako-Asiamah, 22CA0825 (August 7, 2025)

https://files.constantcontact.com/45bb5db5401/d321d3f0-1065-4042-97ea-2cd966574bdd.pdf?rdr=true

UNPUBLISHED People v. Blue, 22CA2075 (August 7, 2025)

https://files.constantcontact.com/45bb5db5401/6d9de245-088e-4499-8c57-958ad9513848.pdf?rdr=true

Hardy v. Rabie, No. 24-1138 (August 4, 2025)

https://files.constantcontact.com/45bb5db5401/4ab90f0f-f82a-4bf1-9d30-7a279ea913ac.pdf?rdr=true

U.S. v. Guevara-Lopez, No. 24-2045 (August 4, 2025)

https://files.constantcontact.com/45bb5db5401/f85cfedb-cd18-49b9-8646-228a53a5b360.pdf?rdr=true

31 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/59bab22d-6a90-4fc6-ba63-560a6aa7e836.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 8/1/2025

Cases:

Terra Mgmt. Grp., LLC v. Keaten, 2025 CO 40, __ P.3d __, 2025 WL 1802067 (June 23, 2025); In a civil action, the Court declares that a trial court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending or reasonably foreseeable and (2) the destroyed evidence was relevant to that litigation. Thus, a duty to preserve relevant evidence arises when a party knows or should know that litigation is pending or is reasonably foreseeable. "Reasonably foreseeable" litigation refers to litigation that is imminent, likely, or reasonably anticipated.

People v. Casper, 2025COA69 (July 31, 2025); In a post-Counterman analysis, the COA affirms Casper's stalking conviction because the instructions required the jury to find that Casper knowingly made a credible threat to the recipient of his numerous emails. And there was sufficient evidence to sustain the harassment conviction that did not merge into the stalking conviction.

UNPUBLISHED People v. Murphy, 24CA0097 (July 31, 2025); The district court had jurisdiction to address Murphy's motions for return of his property (car). His request was timely as he first made the request (orally) at sentencing. Any deficiencies in the adequacy of the oral request did not deprive the court of jurisdiction because the government conceded the request, and the court orally granted the motion despite any deficiencies.

UNPUBLISHED People in Interest of XXB, 24CA0063 (July 31, 2025); The court lost authority to enter the restitution order 91-days after sentencing. Although the court did make an express finding of good-cause to allow the prosecution time to gather more information, the court failed to make an express finding of good-cause to extend the court's deadline to determine restitution beyond 91-days.

UNPUBLISHED People v. Chadwick, 24CA0346 (July 10, 2025); We use this opinion merely as a vehicle to plug Protect Ethical Prosecutors (PEP), an organization founded and led by Iris Eytan, that is dedicated to eradicating (or at least reducing) prosecutorial misconduct in Colorado. https://protectethicalprosecutors.org/

U.S. v. Spradley, No. 23-3222 (10th Cir. July 29, 2025); In a sex-for-money sting operation, there was sufficient evidence of entrapment such that the trial court erred by failing to provide an instruction requiring the prosecution to disprove this defense. The error was not harmless under any standard. Lastly, the government presented sufficient evidence such that a retrial was not prohibited.

Links:

Terra Mgmt v. Keaton 2025 CO 40

https://files.constantcontact.com/45bb5db5401/f7de782a-2cf4-4243-8d74-43c76911226c.pdf?rdr=true

People v. Casper, 2025COA69

https://files.constantcontact.com/45bb5db5401/7c37efee-31b7-4c99-ac09-f0c4358b09e9.pdf?rdr=true

Peo v Murphy 24CA0097

https://files.constantcontact.com/45bb5db5401/612aa3e0-fedd-4d77-9c82-bd6f85587399.pdf?rdr=true

Peo in Interest of XXB 24CA0063

https://files.constantcontact.com/45bb5db5401/d5dbe0d2-6686-4764-83f1-c1cb56d66da9.pdf?rdr=true

United States v Spradley

https://files.constantcontact.com/45bb5db5401/7173a353-c5c4-427d-8e8c-04e0793686ef.docx?rdr=true

30 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/1c06663b-974f-49b5-a88f-62ce0de5fa58.pdf?rdr=true

PEP QR Code

https://files.constantcontact.com/45bb5db5401/8884d7d3-76d4-43ac-9376-290314764e1c.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 7/25/2025

Cases:

People v. Brennan, 2025COA68 (July 24, 2025); A Colorado court cannot exercise jurisdiction over a defendant for unauthorized use and identity theft based on the defendant's solicitation, from a state other than Colorado, of out-of-state services using a Colorado resident's credit card information without the resident's authorization.

UNPUBLISHED People v. Pinheiro, 22CA0853 (July 24, 2025); Issue #1: The trial court erred by applying the Public Safety Exception when refusing to suppress the statements obtained in violation of Miranda. But the error was harmless. Issue #2: The trial court violated Pinheiro's right to allocute, and the matter was remanded for a new sentencing hearing.

Unpublished People v. West, 22CA2222 (July 24, 2025): Assuming without deciding that the trial court violated West's right to a jury by sentencing him as a habitual criminal without findings by a jury, the putative error was harmless.

United States v. Escobedo-Molina, 2:25-CR-01430-MIS, 2025 WL 1918035, at *1 (D.N.M. July 11, 2025); A federal judge dismissed criminal charges with prejudice due to the U.S. Attorney's Office's inattention to the defendant's statutory and constitutional rights during his removal.

U.S. v. Goldesberry, 128 F.4th 1183 (10th Cir. Feb. 19, 2025); The court vacated Goldesberry's conviction for aggravated sexual abuse of a minor in Indian Country, finding the evidence of mens rea was at best, in "equipoise" – a tie. Under the requirement for proof beyond a reasonable doubt, a "tie" means that the evidence was insufficient.

Johnson v. United States, 24-1221, 2025 WL 1966390, (2d Cir. July 17, 2025); Relief under a petition for coram nobis was appropriate where the jury entered a general verdict and one of the two government theories of guilt was later invalidated by a SCOTUS decision.

Links:

People v. Brennan, 2025COA68 (July 24, 2025)

https://files.constantcontact.com/45bb5db5401/8fae2c03-194e-4173-9c3b-c5625e8af0f1.pdf?rdr=true

UNPUBLISHED People v. Pinheiro, 22CA0853 (July 24, 2025)

https://files.constantcontact.com/45bb5db5401/2f547e88-c436-47aa-92d3-704a189bf1c9.pdf?rdr=true

Unpublished People v. West, 22CA2222 (July 24, 2025)

https://files.constantcontact.com/45bb5db5401/cc1c4cfa-8ebc-41fe-80f6-a525f596e7dc.pdf?rdr=true

United States v. Escobedo-Molina, 2:25-CR-01430-MIS, 2025 WL 1918035, at *1 (D.N.M. July 11, 2025)

https://files.constantcontact.com/45bb5db5401/f14451d7-fd4e-4178-b49d-7ee9f3ce4f08.docx?rdr=true

U.S. v. Goldesberry, 128 F.4th 1183 (10th Cir. Feb. 19, 2025)

https://files.constantcontact.com/45bb5db5401/676f1801-8ffc-4bc0-a85c-b727e3e0b540.docx?rdr=true

Johnson v. United States, 24-1221, 2025 WL 1966390, (2d Cir. July 17, 2025)

https://files.constantcontact.com/45bb5db5401/8b6ca9c9-829d-49e7-82bb-ede15e7b4eda.docx?rdr=true

Victory Newsletter 28 or 2025

https://files.constantcontact.com/45bb5db5401/dd05fefe-9926-41a1-927b-516451591e69.pdf?rdr=true

Victory Newsletter 29 of 2025

https://files.constantcontact.com/45bb5db5401/d1d84c57-5e92-467f-84eb-af584a1d864d.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 7/18/2025

Cases:

People v. Valles, 2025COA67 (July 17, 2025); The trial court erred by conducting a virtual sentencing hearing without first providing the requisite advisements. However, reversal was not required because sentencing counsel did not object, and the error was not plain.

UNPUBLISHED People v. Merriweather, 22CA2203 (July 17, 2025); Change in sentence from concurrent to consecutive after sentence commenced was an illegal increase in sentence and trial court erred when it denied defendant's 35(a) motion.

Hewitt v. United States, No. 23-1002 (June 26, 2025); Federal First Step Act (FSA) applies only if a sentence has not already been imposed before the enactment of the FSA.

Perttu v. Richards 23-1324 (June 18, 2025); Parties are entitled to a jury trial on the issue of exhaustion of remedies under the Prison Litigation Reform Act (PLRA) when that issue is intertwined with the merits of a claim that requires a jury trial under the Seventh Amendment.

Gutierrez v. Saenz, No. 23-7809 (June 26, 2025); A state prisoner has standing to bring a due process claim against the custodian of his evidence when the custodian wrongfully withholds access to the evidence for postconviction testing.

Riley v. Bondi, No. 23-1270 (June 26, 2025); Time limit for filing for judicial review of a Board of Immigration Appeals decision.

Black v. Tennessee, No. 24-6586 (June 30, 2025); In a statement respecting the denial of certiorari review, Justice Sotomayor outlines the Due Process challenges to Tennessee's requirement that the prosecution prove (not disprove) heat of passion/provocation for a defendant to be convicted of the lesser included offense of manslaughter.

Links:

DYS Order: https://files.constantcontact.com/45bb5db5401/9d118bce-e1e0-416a-9461-3a0d7e2dbc1f.pdf?rdr=true

People v. Valles, 2025COA67 (July 17, 2025)

https://files.constantcontact.com/45bb5db5401/b0a72854-d925-45b3-a314-a5c194e1c05d.pdf?rdr=true

UNPUBLISHED People v. Merriweather, 22CA2203

https://files.constantcontact.com/45bb5db5401/2a04ce8c-1972-4a9c-b8a1-1e46efdf89c3.pdf?rdr=true

UNPUBLISHED People v. Montoya, 23CA0629

https://files.constantcontact.com/45bb5db5401/0373bd63-7e02-4573-98ec-b983038070cf.pdf?rdr=true

Rory Little's round up: https://www.scotusblog.com/2025/07/the-criminal-side-of-the-docket-is-not-what-you-think/

All SCOTUS case materials and opinions are available at https://www.scotusblog.com/case-files/

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 7/11/2025

Cases:

Ion Media v. West, 24CA1416 (July 10, 2025); Release of body worn camera recordings under CRS 24-31-902(2).

People v. Manzanres, 2025COA62 (July 3, 2025); Trial court must make factual findings about how a mandatory protection order impacts the right to familial association, if the MPO improperly deprives a person of this right, and if there are less drastic alternatives to the MPO.

UNPUBLISHED People v. Gallegos-Valdez, 21CA1942 (July 10, 2025); Insufficient factual evidence meant that the court couldn't determine that the identification was reliable under the Bernal test.

UNPUBLISHED People v. McGaughin, 22CA0230 (July 10, 2025); Improper exclusion of testimony relating to the defendant's state of mind require reversal.

UNPUBLISHED People v. Dent, 22CA1266 (July 3, 2025); Improper admission of text message evidence.

UNPUBLISHED People v. Fields, 22CA1687 (July 3, 3025); Summary denial of postconviction claim of IAC due to failure to engage in plea negotiations was improper.

Links:

Ion Media v. West, 24CA1416 (July 10, 2025)

https://files.constantcontact.com/45bb5db5401/3d933a13-21e1-44cb-900c-3d0d1ce16fed.pdf?rdr=true

People v. Manzanres, 2025COA62 (July 3, 2025)

https://files.constantcontact.com/45bb5db5401/c8240305-d9b2-4481-9270-feba1baa25f9.pdf?rdr=true

UNPUBLISHED People v. Gallegos-Valdez, 21CA1942 (July 10, 2025)

https://files.constantcontact.com/45bb5db5401/53280ca8-1b35-4f62-99c8-413b2838092d.pdf?rdr=true

UNPUBLISHED People v. McGaughin, 22CA0230 (July 10, 2025)

https://files.constantcontact.com/45bb5db5401/618d0d80-6075-4438-a888-13a32e5d9e52.pdf?rdr=true

UNPUBLISHED People v. Dent, 22CA1266 (July 3, 2025)

https://files.constantcontact.com/45bb5db5401/61b25558-e739-4dd7-b576-03790f4ee0de.pdf?rdr=true

UNPUBLISHED People v. Fields, 22CA1687 (July 3, 3025)

https://files.constantcontact.com/45bb5db5401/2191c705-8992-42dc-9eca-70aa02f130e6.pdf?rdr=true

Victory Newsletter

https://files.constantcontact.com/45bb5db5401/4948b5e4-41eb-4bf5-9d3c-6b40400bec7c.pdf?rdr=true

CBI report and response

Forward Resolutions Audit & Assessment of CBI Forensic Services | Colorado Bureau of Investigation

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

Cases:

People v. Mills, 2025 CO 47 (June 30, 2025); When police seize a citizen's personal property, the police can take as much time as is "reasonable" to obtain the search warrant, even if that amount of time was not "necessary."

People in Interest of Kay W., 2025 CO 48 (June 30, 2025); If the court finds that your client waived their right to a jury trial, and the trial is reset, you should redemand a jury trial.

UNPUBLISHED People v. Young, 22CA1247 (June 26, 2025); Before a judge can cut a parent off from contact with their child, the court must make specific findings that (1) compelling circumstances require the condition and (2) less restrictive means are not available.

UNPUBLISHED People v. Rivera, 24CA0415 (June 26, 2025); In a postconviction motion, petitioner alleged that trial counsel failed to sufficiently advise him of his right to testify. The district court denied the claim because a Curtis Advisement had been given. But, the division reversed, finding Rivera sufficiently alleged a challenge to the validity of his waiver of the right to testify.

Links:

People v. Mills, 2025 CO 47

https://files.constantcontact.com/45bb5db5401/d076a6b1-d642-49a3-ac03-9c22994f3079.pdf?rdr=true

People in Interest of Kay W., 2025 CO 48

https://files.constantcontact.com/45bb5db5401/b83dbdfb-0de8-4da6-89ee-64c7051db2a9.pdf?rdr=true

Rule 24 2025 Amendment Final

https://files.constantcontact.com/45bb5db5401/f9f35401-29f9-421a-bf29-66e862ae250e.pdf?rdr=true

This week's Victory Newsletter

https://files.constantcontact.com/45bb5db5401/528d2258-8c21-4e70-adbf-cf74a7d19aff.pdf?rdr=true

Last Week's Victory Newsletter

https://files.constantcontact.com/45bb5db5401/925a4d91-d82d-45df-bcf4-f8a22dfac08f.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 6/27/2025

Cases and Keywords:

People v. Gallegos, 2025 CO 41 (June 23, 2025); The plain language of the felony murder affirmative defense statute does not require that a defendant admit that they committed the predicate offense.

People v. Schnorenberg, 2025 CO 43 (June 23, 2025); The trial court erred by prohibiting Schnorenberg from testifying that he based his decisions on the advice of counsel when the evidence was offered to establish Schnorenberg's state of mind, not the truth of the matter asserted.

Randolph v. People, 2025 CO 44 (June 23, 2025); The words "for the purpose of" in the statute does not create a mens rea requirement, therefore the Court presumes that the legislature intended a 'knowingly' mens rea.

Rios v. People, 2025 CO 46 (June 23, 2025); Non-trivial closure of courtroom was constitutional under Waller v. Georgia, 467 U.S. 39 (1984), so reversal was not required.

People v. Bialas, 2025 CO 45 (June 23, 2025); The trial court's decision to remove all spectators from the courtroom based on misconduct by some of the spectators was a nontrivial closure that violated Bialas's Sixth Amendment right, even though the removed spectators could view the proceedings over Webex. This closure was not justifiable under the four factors set forth in Waller v. Georgia, 467 U.S. 39 (1984), and reversal was required.

People v. Ray, 2025 CO 42 (June 23, 2025); Despite numerous errors, the Court affirmed the conviction.

Links:

People v. Gallegos, 2025 CO 41 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/bed1bb60-4f91-4b70-8243-ef800e6b1678.pdf?rdr=true

People v. Schnorenberg, 2025 CO 43 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/3452c8cd-f030-4173-b5f1-db9ea97a150d.pdf?rdr=true

Randolph v. People, 2025 CO 44 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/b87ba158-4114-4fa4-99a6-4d517fa825be.pdf?rdr=true

Rios v. People, 2025 CO 46 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/cdd09702-b738-4742-84c4-ce0bb566a89c.pdf?rdr=true

People v. Bialas, 2025 CO 45 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/f937f90c-48c6-4fae-8eb3-caa6c1e15ca7.pdf?rdr=true

People v. Ray, 2025 CO 42 (June 23, 2025)

https://files.constantcontact.com/45bb5db5401/f5a91932-2fd9-4b03-9d99-d43cb5a68682.pdf?rdr=true

Rule Change: CRE 804(3)- Statement Against Interest

https://files.constantcontact.com/45bb5db5401/3ddbc18f-2dff-4bf8-94de-1e88a3e0e57c.pdf?rdr=true

Rule Change 2025(14)

https://files.constantcontact.com/45bb5db5401/0eadf069-54d0-4caf-988a-652838f36a55.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

We are taking a few weeks off. We'll see you back here on July 31st (or so!)

Thanks!

Sarah and Shawndell