OADC Weekly Case Law Update

This podcast covers case summaries distributed on 6/20/2025

Cases and Keywords:

UNPUBLISHED People v. Henderson, 22CA1121 (June 18, 2025) Where store employees stop a person from successfully taking property in a shoplifting by force scenario, there is insufficient evidence to affirm an aggravated robbery conviction. There is, however, sufficient evidence to support imposition of a conviction for the lesser included offense of attempted aggravated robbery, especially where the parties did not intend an all-or-nothing trial strategy.

UNPUBLISHED People v. Phillips, 23CA0864 (June 19, 2025) Reversible plain error occurred because the court's elemental instruction for failure to register omitted the key element that the jury needed to find that Phillips was required to register.

United States v. Chavarria, No.23-2102 (D.N.M. June 16, 2025) Use of a car inside a single state to commit a crime does not satisfy the federal jurisdictional requirement that the crime effected interstate commerce.

United States v. Tyler, No. 24-6035 (D. OK. June 16, 2025) The police violated Mr. Tyler's Fourth Amendment Rights by unreasonably prolonging his detention beyond the time when the police completed the arrest of a passenger in his car on a failure to appear warrant.

United States v Maryboy, 2025 WL 1522549 (10th Cir 5.29.2025) There is a fine line between second-degree murder and involuntary manslaughter. Two errors in the trial court may have led a jury to convict Maryboy of second-degree murder instead of the lesser-included offense of involuntary manslaughter. The plain errors of allowing the FBI agent to opine on Maryboy's mental state and failing to instruct the jury that the government had to disprove imperfect self-defense beyond a reasonable doubt may have led the jury to convict on the former instead of the latter.

State v. Adams, 340 Or. App. 661 (2025) Use of AFTE test to determine whether a bullet came from a specific gun.

Links:

U.S. v. Tyler

https://files.constantcontact.com/45bb5db5401/c7732763-57fc-4e9a-b70d-7afb18da0945.pdf?rdr=true

United States v Chavarria

https://files.constantcontact.com/45bb5db5401/58656f9b-eab1-48ef-a92c-93fd5cc66d4e.docx?rdr=true

United States v Maryboy

https://files.constantcontact.com/45bb5db5401/9f2053e1-6e7e-4676-8317-f1c231cfefc0.docx?rdr=true

24 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/f1e20fd1-9e6b-4606-878f-89b7e1b73d30.pdf?rdr=true

State v Adams (Oregon 2025)

https://files.constantcontact.com/45bb5db5401/d9dafbcd-6805-4755-b028-4a75ac7483ac.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 6/13/2025

Cases and Keywords:

Rivers v. Guerrero, no. 23-1345 (June 12, 2025) A second postconviction petition filed after the district court rules on the first petition is a second or successive federal habeas petition under AEDPA even though the judgment denying the first petition is still up on appeal.

Martin v. U.S., No. 24-362 (June 12, 2025) The scope of liability for federal law enforcement agents who cause personal injury and property damage when raiding the wrong house?

Parrish v. United States, No. 24-275 (June 12, 2025) A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.

A.J.T. v. Osseo Schools, No. 24-249 (June 12, 2025) Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of "bad faith or gross misjudgment" but instead are subject to the same standards that apply in other disability discrimination contexts.

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266 (D. Ct. Colo. 6.9.2025) The district court suppressed evidence seized from an unconstitutional frisk by Sterling Officer Kyle Taylor after finding he did not have probable cause to arrest Sigala-Baray for driving without valid insurance and did not have reasonable and articulable suspicion to believe that he was armed and dangerous.

People v. Sotade, 2025 CO 38 (June 9, 2025) A show cause application challenging a public entity's refusal to comply with a CCJRA request must be filed in the district court in the district where the records reside.

Links:

Rivers v. Guerrero, no. 23-1345

https://files.constantcontact.com/45bb5db5401/2b14a302-c358-4fa7-ac1f-7ba275815833.pdf?rdr=true

Martin v. U.S., No. 24-362

https://files.constantcontact.com/45bb5db5401/471afe83-4b31-48f9-8ea4-3149dd925e17.pdf?rdr=true

Parrish v. United States, No. 24-275

https://files.constantcontact.com/45bb5db5401/2ca6e340-9b62-46d6-ab73-b480cb9bce29.pdf?rdr=true

A.J.T. v. Osseo Schools, No. 24-249

https://files.constantcontact.com/45bb5db5401/84a053c4-3166-4a71-8bc3-a2f55be0af15.pdf?rdr=true

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266

https://files.constantcontact.com/45bb5db5401/65e5aca4-4bd7-4d0d-a0f5-08d0e67b1bdc.docx?rdr=true

People v. Sotade, 2025 CO 38

https://files.constantcontact.com/45bb5db5401/335b0057-4dda-4ab1-bf8b-d86938cebc1e.pdf?rdr=true

25HB-1275 Forensic Science Integrity bill

https://files.constantcontact.com/45bb5db5401/d7663234-37c1-4baa-9e9e-bfb556523bf4.pdf?rdr=true

23 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/ae6dd3b0-bf38-41d7-9711-86b01fc328eb.pdf?rdr=true

ABA Formal Ethics Opinion 516

https://files.constantcontact.com/45bb5db5401/083563a5-a83d-4cd4-afba-da04624ed644.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 6/6/2025

Cases and Keywords:

UNPUBLISHED People v. Black, 22CA0011 (May 29, 2025) Failure to grant a challenge for cause to a biased juror who convicted Black required reversal of the conviction.

UNPUBLISHED People v. Villegas-Ortega, 22CA1509 (June 5, 2025) In a multiple assailant self-defense case, the trial court reversibly erred by failing to instruct the jurors to consider "apparent necessity" or "the totality of the circumstances" for all counts where self-defense was relevant.

Blom. Bank SAL v. Honickman, 605 U.S.___ , (2025) This is a SCOTUS decision addressing Fed. Rule Civil Pro. Rule 60(b)(6).

Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos (06/05/2025). SCOTUS discusses federal aiding and abetting law in this opinion.

Links:

Blom Bank Sal v. Honickman (06/05/2025)

https://files.constantcontact.com/45bb5db5401/37608994-eb22-4a48-b2d2-58a290b20603.pdf?rdr=true

Kemp v United States (2022)

https://files.constantcontact.com/45bb5db5401/aff4ab32-096f-45af-9805-5c39f5cfe009.docx?rdr=true

Kemp v. U.S. PWC

https://files.constantcontact.com/45bb5db5401/86e7d1e4-0670-4833-b799-483901929916.docx?rdr=true

Kemp v. US Amicus NCLA

https://files.constantcontact.com/45bb5db5401/2e8c2ff3-49e7-415a-8588-085460012de4.docx?rdr=true

Kemp v. US OB

https://files.constantcontact.com/45bb5db5401/fff39703-fb27-4578-bceb-8798ad6d73a1.docx?rdr=true

Kemp v. US RB

https://files.constantcontact.com/45bb5db5401/7f3a9689-029a-4cc9-9009-cc3eab8b8a39.docx?rdr=true

Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos (06/05/2025)

https://files.constantcontact.com/45bb5db5401/6f07265d-659c-4b89-8bfe-9360d46748a6.pdf?rdr=true

22 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/fc03d102-1dcf-41a4-ba10-1c94c69f3c5a.pdf?rdr=true

Hunt PC Petition

https://files.constantcontact.com/45bb5db5401/c4205f8d-2af8-4591-9032-7b45853601e3.pdf?rdr=true

Hunt PC Order

https://files.constantcontact.com/45bb5db5401/03c95460-3b4e-4e0c-8002-986c1710b977.pdf?rdr=true

Rule 24 2025 proposed changes

https://files.constantcontact.com/45bb5db5401/333a6997-d13c-4184-8001-84563648fc8e.pdf?rdr=true

Justice Samour's letter re. Rule 24 amendment

https://files.constantcontact.com/45bb5db5401/660f3664-9ea6-432d-a4be-ac4716e0e0f5.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 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

This podcast covers case summaries distributed on 5/23/2025

Cases and Keywords:

United States v. Wilson, 23-6150 (May 19, 2025) After a judge rejected Wilson's guilty plea, prosecutors used his plea statements against him at trial. The Tenth Circuit reversed his conviction, holding that FRE Rule 410 prohibits using plea statements as evidence absent a breach of plea agreement. Given the damaging nature of the statements and prosecutorial overuse, the error was not harmless.

U.S. v. Cripps, 24-7014 (May 20, 2025) Cripps pled guilty to methamphetamine distribution. The district court increased his sentence by 365 months based on hearsay from three anonymous informants. The Tenth Circuit reversed, noting that while precedent allows sentence enhancement based on anonymous statements, they must be reliable and corroborated. Here, the statements were not reliable or corroborated.

U.S. v. Davis, No. 23-1367 (May 21, 2025) Davis's 2019 state conviction (DF4 possession with intent, maximum presumptive sentence of 1 year) was used as a predicate for his 2022 federal felon-in-possession conviction. The Tenth Circuit reversed because the federal statute requires predicate offenses with maximum sentences exceeding one year. Without evidence Davis could have received an aggravated sentence, the one-year presumptive maximum disqualified the predicate offense.

Kousisis v. United States, No. 23-909 (May 22, 2025) Kousisis and his company were convicted of lying to obtain large government contracts. He argued that his conviction was invalid because there was no "net pecuniary loss." SCOTUS affirmed the conviction under the fraudulent inducement theory of liability, which does not require evidence of an intent to inflict economic loss. Instead, obtaining money or property by means of a "material" misrepresentation is enough.

Links:

United States v. Wilson, 23-6150

https://files.constantcontact.com/45bb5db5401/07635e31-a8f8-4907-be1d-d14209fe219f.pdf?rdr=true

U.S. v. Cripps, 24-7014

https://files.constantcontact.com/45bb5db5401/c7fccf2e-5afd-45a8-9d90-1a009f895657.pdf?rdr=true

U.S. v. Davis, No. 23-1367

https://files.constantcontact.com/45bb5db5401/14c2aad1-df80-4e3d-ab73-59f190165ae9.pdf?rdr=true

Kousisis v. United States, No. 23-909

https://files.constantcontact.com/45bb5db5401/040ba9bb-c632-46f3-baa2-123bb531643b.pdf?rdr=true

20 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/704b8977-cbe6-4334-ac93-76

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 5/15/2025

Cases and Keywords:

In re. People v. Chapman, 2025 CO 19 (May 12, 2025) There is no need for the DA to recuse because the judge they normally appear in front of is the named victim of the crime they are prosecuting.

In re. People v. Nkongolo, 2025 CO 20 (May 12, 2025) The trial court erred by suppressing Nkongolo's statements as constitutionally involuntary. The law enforcement agent's conduct was not coercive. Even if the conduct was coercive, the record did not show that Nkongolo's will was overborne such that the statements were rendered involuntary.

In re. People v. Crawford, 2025 CO 22 (May 12, 2025) Counterman does not apply to a stalking prosecution based solely on conduct.

People v. Melara, 2025COA48 (May 15, 2025) Multiple issues including reasonable doubt instructions, plea offers and counteroffers, limitations on defense expert's testimony, severance of charges in subsequent trial after mistrial, child hearsay.

People v. Schlehuber, 2025COA50 (May 15, 2025) There is nothing wrong with the 2022 model jury instruction on reasonable doubt.

Barnes v. Felix, (May 15, 2025) A court should assess the "totality of the circumstances" and not just the "moment of the threat" when assessing whether an officer's use of deadly force was reasonable.

People v. Genrich 2025COA4 (May 15, 2025) The postconviction court did not err in granting Genrich a new trial based on newly discovered evidence. Back before the turn of the century, the government convinced a jury that Genrich committed a series of firebombs based primarily on their expert's testimony claiming he could tell that the tool found in Genrich's apartment was the only tool on the face of the earth that could have made miniscule marks on the bomb's wiring. This type of testimony has since been debunked. Since the expert's testimony is "neutralized" and there was no other direct evidence of identity, a new trial was warranted.

Links:

People v. Genrich 2025COA49

https://files.constantcontact.com/45bb5db5401/aa2935a4-bc63-4ce2-a8fc-f9f27d17ba0a.pdf?rdr=true

In re. People v. Chapman, 2025 CO 19

https://files.constantcontact.com/45bb5db5401/09590032-33f2-4e1f-a65b-b84db400801a.pdf?rdr=true

In re. People v. Nkongolo, 2025 CO 20

https://files.constantcontact.com/45bb5db5401/6531875d-4fa0-4f7d-b631-68e90485156a.pdf?rdr=true

In re. People v. Crawford, 2025 CO 22

https://files.constantcontact.com/45bb5db5401/83971c90-71e4-4282-8da2-6e3987e9a9ed.pdf?rdr=true

People v. Melara, 2025COA48

https://files.constantcontact.com/45bb5db5401/c084e737-7b07-49e7-80e3-1bf39999beea.pdf?rdr=true

People v. Schlehuber, 2025COA50

https://files.constantcontact.com/45bb5db5401/7c20e347-4f93-491b-b5c8-081bd97aa0ad.pdf?rdr=true

Schlehuber OB

https://files.constantcontact.com/45bb5db5401/9469ff6c-fbac-47ae-8524-ec95692c209c.pdf?rdr=true

Schlehuber RB

https://files.constantcontact.com/45bb5db5401/e260b9ac-abd1-480c-baf4-689dfb314fc1.pdf?rdr=true

Barnes v. Felix 5.15.2025

https://files.constantcontact.com/45bb5db5401/6d1b6910-1844-4d88-bebc-8971b31f0d58.pdf?rdr=true

Victory Newsletter 19 or 2025

https://files.constantcontact.com/45bb5db5401/de6382e3-1b5b-43de-9cef-fb2acbd8c82c.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 5/9/2025

Cases and Keywords:

People v. Beverly, 2025 CO 18 (May 5, 2025) If a person commits suicide by ingesting fentanyl, the suicide can be an intervening cause that renders the distribution of fentanyl not the proximate cause of death for purposes of section 18-18-405(2)(a)(III)(A).

U.S. v. Santiago, No. 24-6015 (April 30, 2025) No objectively reasonable officer could rely on a search warrant that clearly fails to comply with the Fourth Amendment's particularity requirement. Therefore, the Tenth Circuit reversed the trial court's decision to not suppress evidence based on the good faith exception.

U. S. v. Ward, No. 23-7088 (May 6, 2025) At trial, a prosecutor commits plain error by commenting on a defendant's post-Miranda partial silence in a way that indicates the defendant is guilty. On appeal, the government waives review of a plain error prong by failing to contest that prong.

Links:

People v. Beverly, 2025 CO 18

https://files.constantcontact.com/45bb5db5401/eef09a27-dcb3-4975-bd92-2067672ef4be.pdf?rdr=true

Beverly Def's AB

https://files.constantcontact.com/45bb5db5401/5a018d4a-25d2-474c-ae78-58dbedb74fde.pdf?rdr=true

Beverly Dist. Ct.'s AB

https://files.constantcontact.com/45bb5db5401/9bbca553-605d-4c34-80f5-98bd004f9a42.pdf?rdr=true

U.S. v. Santiago, No. 24-6015

https://files.constantcontact.com/45bb5db5401/6fb1abcf-22bc-44c3-9dcc-6fda4b2fec0b.pdf?rdr=true

U. S. v. Ward, No. 23-7088

https://files.constantcontact.com/45bb5db5401/2905514d-b9c1-44dd-867a-7b57b3e37b2d.docx?rdr=true

Standard Objections (cards)

Doyle Error: 1 - Impeaching a Defendant Using Post Miranda Silence

https://files.constantcontact.com/45bb5db5401/888d0046-6588-4602-9556-18c681ea113d.docx?rdr=true

2 - Generic Tailoring and Specific Tailoring

https://files.constantcontact.com/45bb5db5401/c0bffb0c-e09b-40a4-937c-7b2ac9eae2f7.docx?rdr=true

3 - Using Lie or Liar in Reference to Witness's Testimony

https://files.constantcontact.com/45bb5db5401/0d1bbf5c-b0a8-43f8-9ea1-0622511c0263.docx?rdr=true

4 - Burden Shifting

https://files.constantcontact.com/45bb5db5401/a88444a6-a3c1-4456-8d5b-e03ed71cc7d1.docx?rdr=true

5 - Party Presentation Principle

https://files.constantcontact.com/45bb5db5401/ac9e6544-8f0b-482e-ac3c-ff6779dd4203.docx?rdr=true

6 - Lack of Manifest Necessity

https://files.constantcontact.com/45bb5db5401/fceeeaee-71a5-4e5c-89e1-a3e33ace7df3.docx?rdr=true

7 - Self-Serving Hearsay

https://files.constantcontact.com/45bb5db5401/749c27a5-a1b8-4d73-ac89-1d85f028af56.docx?rdr=true

8 - Cross examine on Probation Status Same Jurisdiction

https://files.constantcontact.com/45bb5db5401/7b643e27-5453-4c58-8ce3-6e3c78ec6dba.docx?rdr=true

12 - Prejudicial Evidence Due Process Violation

https://files.constantcontact.com/45bb5db5401/9c00ad4a-9178-4a1f-8a4d-f0f07601508e.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 5/2/2025

Cases and Keywords:

Marquez v. Schafer, 2025COA44 (May 1, 2025); The district court dismissed the petition finding Marquez's municipal ordinance conviction constitutes a misdemeanor under local law, as set forth in §921(a)(33)(A)(i) after the 2022 amendments. The division agreed with CBI and affirmed.

Johnson v. Staab, 2025COA45 (May 1, 2025); Jury permitted to consider material omissions from and false statements in a search warrant affidavit that were the result of negligence or mistake, and these would not prove a constitutional violation, required reversal.

In People v. Parks, 987 N.W.2d 161 (Mich. 2022); Mandatory sentencing of 18-year-old to LWOP violates proportionality required by the Michigan Constitution.

Caylao-Do v. Logue (Denver Police Officer), 2025COA42 (May 1, 2025); Batson challenges, Anti-police bias expressed by juror during deliberations did not warrant granting of a motion for new trial and Pena-Rodriguez cannot be stretched to include anti-police bias.

People v. Jones, 2025CO43 (May 1, 2025); As a matter of first impression in Colorado the division finds that evidence of a defendant's prior acts of abuse against a witness may be admissible under CRE 404(b) to buttress the witness's credibility if that evidence could explain the witness's reluctance to testify or the witness's changed accounts.

Links:

Caylao-Do v. Logue, 2025COA42

https://files.constantcontact.com/45bb5db5401/65328f48-aa01-41bc-9c68-eb3b41370128.pdf?rdr=true

People v. Jones, 2025CO43

https://files.constantcontact.com/45bb5db5401/c4b5ceac-d36c-4634-8d7b-e272fb28f467.pdf?rdr=true

Marquez v. Schafer, 2025COA44

https://files.constantcontact.com/45bb5db5401/8f930bf4-0b00-4d9f-b0e0-90ae5a3402af.pdf?rdr=true

Johnson v. Staab, 2025COA45

https://files.constantcontact.com/45bb5db5401/44f57ff1-3f7b-44c1-bfe5-62411d08cee9.pdf?rdr=true

People v. Poole Mich. 4.2025

https://files.constantcontact.com/45bb5db5401/47997b4d-f4f6-4fc8-b040-c1a4f22683b3.docx?rdr=true

People v. Taylor, Mich 4.2025

https://files.constantcontact.com/45bb5db5401/b43d2ed1-97f0-46d4-a13e-937715f28665.docx?rdr=true

17 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/9912ac9e-e1ac-4ec7-a634-4428d0b7028a.pdf?rdr=true

Rules Change 2025(10)

https://files.constantcontact.com/45bb5db5401/b52b8503-a66b-4125-9e5e-31fb2c258f4d.pdf?rdr=true

IAALS Annual Report

https://files.constantcontact.com/45bb5db5401/e09dbc52-8d9f-400b-bb8a-c55a1b899839.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

Welcome to our new, abbreviated format! If you would like to comment on the changes, please use the contact link below or email us care of Jonathan. Thanks! Shawndell and Sarah

This podcast covers case summaries distributed on 4/25/2025

Cases:

Waugh v. Veith, 2025COA41 (April 24, 2025); Actions under section 13-21-131.

Estate of Harmon v. Salt Lake City, No. 23-4125; Qualified immunity and summary judgment reversed.

U.S. v. Smith, 2025 WL 1096245, No. 22-4338 (CA4, Apr. 14, 2025); Plea agreements with appellate waivers.

U.S. v. Sadrinia, 2025 WL 1122300, No. 24-5464 (CA6, Apr. 16, 2025); Evidence impermissible under FRE 404(b) cannot be disguised as "intrinsic" evidence.

Links:

Waugh v. Veith, 2025COA41 (April 24, 2025)

https://files.constantcontact.com/45bb5db5401/246893c8-9189-4560-a0d1-81424e9b2193.pdf?rdr=true

Estate of Harmon v. Fox and Salt Lake City

https://files.constantcontact.com/45bb5db5401/3a4342bf-2434-46f3-8d82-9ab2a913087b.pdf?rdr=true

16 of 2025 Victory Newsletter.docx

https://files.constantcontact.com/45bb5db5401/f28bc92b-a489-4118-8bfc-506f1e0c9fe0.pdf?rdr=true

U.S. v. Smith, 2025 WL 1096245

https://files.constantcontact.com/45bb5db5401/deac61e4-0e87-445c-9d22-a1414aaca649.docx?rdr=true

U.S. v. Sadrinia, 2025 WL 1122300

https://files.constantcontact.com/45bb5db5401/eb32d9ab-17e7-4da8-afd2-ea04b6045058.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 4/18/2025

Cases and Keywords with timestamps:

(01:24) People v. Hernandez, 2025 CO 13 (April 14, 2025); Appeal filed in the Supreme Court should have been filed in the Court of Appeals.

(02:23) In re. People in Interest of J.D. 2025 CO 14 (April 14, 2025); Juvenile competency evaluations can be prepared by the Department of Human Services without a court order.

(10:23) In re. People v. Furness, 2025 CO 16 (April 14, 2025); Reversal of suppression order issued by the district court. Evidence found in the trunk of a vehicle is admissible if there is probable cause to believe evidence could be in the trunk and the suspect had access such that they could have placed evidence in the trunk prior to arrival of law enforcement.

(14:31) UNPUBLISHED People v. Mikaelyan, 24CA0705 (April 17, 2025); Defendant has right to counsel to litigate a motion for new trial. Courts must determine that any waiver of counsel for such motion is made knowingly, intelligently and voluntarily.

Links:

People v. Hernandez 2025 CO 13

https://files.constantcontact.com/45bb5db5401/12a53b2f-0376-439d-8ec7-4ba7c78fb56a.pdf?rdr=true

In re. People in Interest of J.D. 2025 CO 14

https://files.constantcontact.com/45bb5db5401/0f91ff64-50bf-40b0-b4e0-c6b3135d1421.pdf?rdr=true

In re. People v. Furness, 2025 CO 16

https://files.constantcontact.com/45bb5db5401/f48db3e6-f6cd-4c97-942b-7351cdf2bb3b.pdf?rdr=true

Unpublished, Peo v Mikaelyan 24CA0705

https://files.constantcontact.com/45bb5db5401/6cfa520c-ce75-4692-a553-35811dc98836.pdf?rdr=true

This Week's Victory Newsletter

https://files.constantcontact.com/45bb5db5401/5d74185a-ff29-4f16-a30b-58d3ef083a02.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