This podcast covers case summaries distributed on 5/30/2025
Cases and Keywords:
Bonde v. People, 2025 CO 24 (May 27, 2025); A person is not entitled to presentence confinement credit for the time served during the nonresidential portion of a community corrections sentence.
People v. Ganaway, 2025 CO 25 (May 27, 2025); The majority found that Ganaway engaged in a consensual encounter with the eight officers dressed in tactical gear who "asked" him if they could pat him down.
Babcock v. People, 2025 CO 26 (May 27, 2025); According to the majority, Babcock's counsel implied waived Babcock's right to have the trial court determine the amount of restitution within ninety-one days of conviction under subsection (1)(b) of the restitution statute by requesting a hearing date after the deadline.
Johnson v. People, 2025 CO 29 (May 27, 2025); The majority found that Johnson waived his statutory right under subsection (2)(b) to have restitution determined at sentencing even though the information necessary to establish the amount of restitution was available to the prosecution at the time of sentencing. Plus, Johnson's counsel waived Johnson's right under subsection (1)(b) to have the court determine the amount of restitution within 91 days of sentencing.
People v. Roberson, 2025 CO 30 (May 27, 2025); This is Babcock redux. Counsel waived Roberson's right under subsection (1)(b) to have the court determine the amount of restitution within 91 days of sentencing by accepting a hearing date, without objection, that was beyond the 91-day deadline.
Tennyson v. People, 2025 CO 31 (May 27, 2025); According to the majority, Tennyson's Crim. P. 35(a) claim challenging the timeliness of the district court's post-sentencing determination of the restitution amount pursuant to subsection (1)(b) is an illegal manner claim, not an illegal sentence claim. Because he did not appeal his judgment of conviction or sentence, Tennyson was required to bring his claim within 120 days after his sentence was imposed. He failed to do so, and therefore, his claim is time-barred
Snow v. People, 2025 CO 32 (May 27, 2025); Snow's claim that the sentencing court did not enter any of the four statutorily required orders related to restitution (subsections (1)(a) to (d)) at the sentencing proceeding, was cognizable as an unauthorized by law illegal sentence claim. As such, Snow's claim was not time barred. The remedy for this error is automatic vacatur and a remand for the trial court to enter a (1)(d) order that no restitution is owed.
People in Interest of A.T.S., 2025COA53 (May 29, 2025); The division rejects three claims of reversible error on the way to affirming the judgment. First, the juvenile court error in allowing the child witness to testify via closed circuit television based on fear of A.T.S.'s parents, not A.T.S., was harmless. Second, the prosecutor's inartful comments during closing argument did not amount to plain reversible error. Third, there was sufficient evidence that the abuse occurred during the dates charged and after A.T.S. turned 10 years old.
Links:
Bonde v. People, 2025 CO 24
https://files.constantcontact.com/45bb5db5401/44d54c03-2315-4982-8aa3-1e62c05bc855.pdf?rdr=true
People v. Ganaway, 2025 CO 25
https://files.constantcontact.com/45bb5db5401/27cd62b6-f333-452a-944a-f921714a14a9.pdf?rdr=true
Babcock v. People, 2025 CO 26
https://files.constantcontact.com/45bb5db5401/7e02fa45-1529-41f1-838a-d498a029d827.pdf?rdr=true
Johnson v. People, 2025 CO 29
https://files.constantcontact.com/45bb5db5401/3df9715e-561a-4307-a945-94041760a112.pdf?rdr=true
People v. Roberson, 2025 CO 30
https://files.constantcontact.com/45bb5db5401/6ba1ae25-4d8a-48be-925f-f82f1820049f.pdf?rdr=true
Tennyson v. People, 2025 CO 31
https://files.constantcontact.com/45bb5db5401/b89de363-d2d4-4eb5-83e0-51bddc23736c.pdf?rdr=true
Snow v. People, 2025 CO 32
https://files.constantcontact.com/45bb5db5401/c91a2bba-cce2-483a-a299-8e54a32ec9fb.pdf?rdr=true
People in Interest of A.T.S., 2025COA53
https://files.constantcontact.com/45bb5db5401/758504de-d69a-4b67-badb-8582654cf321.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
