OADC Weekly Case Law Update

This podcast covers case summaries distributed on 2/7/20.

Cases Cited: People v. Thomas, 2020COA19; People v. Manaois, 17CA0514; People v. Najafi, 18CA0289; United States of America v. Tony, No. 18-2182.

Keywords: Resisting Arrest, Whether actions after being handcuffed can prevent an arrest from being "effected?", Going limp is a "means" that could create a substantial risk of causing bodily injury to the peace officer or another, The risk of bodily injury can be due to the persons "means" in light of the surrounding circumstances, Third degree assault is not a lesser included offense of criminally negligent bodily injury to an at-risk adult, Prosecutorial misconduct, Habitual Criminal Sentencing, Insufficiency of the evidence, Illegal sentence, Unendorsed expert testimony, Improper exclusion of defense tendered 404(b) evidence.

Links:

Criminal Justice Reform Forum Flyer https://files.constantcontact.com/45bb5db5401/e9688a10-03a9-4363-bd22-cf0c722a7650.pdf

https://www.colorado.gov/pacific/publicsafety/colorado-criminal-justice-forum

RATAC Protocol

https://www.cornerhousemn.org/images/CornerHouse_RATAC_Protocol.pdf

Rory Little's analysis of upcoming SCOTUS cases:

https://www.scotusblog.com/2019/09/overview-of-the-courts-criminal-docket-for-ot-19-sizeable-and-significant/

IDRA Recent publications link:

https://www.indigentdefenseresearch.org/2020/02/notable-recent-publications-february.html

50 State Fact Sheets:

https://www.vera.org/publications/state-incarceration-trends

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 2/2/20.

Cases Cited: People v. Tallent, 2020COA14; People v. Perez, 17CA0646; People v. Robinson, 16CA1320 & 17CA1488;

Keywords: Raising new arguments when Motion to Suppress was erroneously denied, Attempted First Degree Assault on a Police Officer may not be a cognizable offense, Hearsay, Confrontation Clause Violation due to use of Witness Videotaped Statements.

Links:

People v. Perez Opening brief

https://files.constantcontact.com/45bb5db5401/df34949e-521c-4501-97a2-d952e1947e82.pdf

People v. Perez Reply brief

https://files.constantcontact.com/45bb5db5401/c29b42a9-182b-4743-ad29-a7b26736b257.pdf

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 1/24/20.

Cases Cited: People v. Masur, 18CA2170; People v. Veith, 18CA0553; People v. Adams, 17CA2049; People v. Asche, 16CA0025; People in Interest of JD-R 16CA2174.

Keywords: Waiver of right to counsel, Restitution, Screening Testimony, Court's authority to reject a plea, CRE 703, Facts or Data Relied Upon by Expert.

Links:

For Informational CCE Access (all OADC Contractor types), go to https://www.coloradoadc.org/public-information/contractor-welcome-packet, login using the credentials you were supplied at approval, and scroll down to item number 6. Contact Sydney for more information (https://www.coloradoadc.org/oadccontacts/oadc-staff/companies/1144)

Westlaw Tip 1.24.2020

https://files.constantcontact.com/45bb5db5401/a2dcb879-209d-4edb-bdb4-5f28bf534a97.docx

Contact Sydney for Westlaw information as well.

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 1/17/20.

Cases Cited: Graham v. CDOC, 2020 CO 1; Martinez v. People, 2020 CO 3; In re People v. Kilgore, 2020 CO 6; In re Rademacher v. Greschler, 2020 CO 4; People v. Knobbe, 2020COA7; People v. Viburg, 2020COA8; State v. Jones, 2019-0057, 2020 WL 122728, at *4 (N.H. Jan. 10, 2020) ; People v. Garcia, No. 19SC548, District Court, El Paso County, Case No. 18CV30268.

Keywords: Parole revocation penalties limited by statute, Possible penalty for DWAI/DUI, Impermissible trial management order, Implied Waiver of Attorney-Client Privilege, Trial court cannot analogize the reasonable doubt standard to decisions jurors make in everyday life, Prior convictions required to convict a person of felony driving under the influence (DUI) are elements of the offense and must be proved to a jury beyond a reasonable doubt, State failed to meet its burden of showing that the defendant was not seized before the officers learned of the warrant for his arrest,

Links:

Linnebur_opening brief

https://files.constantcontact.com/45bb5db5401/b0ff42e9-f38c-4cd9-8cd3-229f1a4f680a.pdf

People v. Viburg_ 2020COA8

https://files.constantcontact.com/45bb5db5401/625257b3-8861-403d-b341-ee411e2852a5.pdf

State v Jones.doc

https://files.constantcontact.com/45bb5db5401/2e0601c7-7c48-4df8-93d5-a97cd86d49b1.docx

Jones_amicus_brief_6.13.19

https://files.constantcontact.com/45bb5db5401/70486829-6392-401f-9e6d-ca52154191be.pdf

Garcia Order 18CV30268

https://files.constantcontact.com/45bb5db5401/f6b3be99-d554-4942-9b76-1d940b8d1482.pdf

Common Objections for Three by Five Cards

https://files.constantcontact.com/45bb5db5401/40d81485-f073-4583-9ea7-54aecbf21915.docx

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 1/10/20.

Cases Cited: State v. Arreola-Botello, 451 P.3d 695, 365 Or 695; People v. Tamburello, 17CA2004; People v. Hall, 17CA0982; People v. Nederstadt, 17CA1890.

Keywords: Temporal Duration of Traffic Stop, Extension of Scope of Traffic Stop, Theory of the case instruction error, Judicial Misconduct: Acting as the DA's Advocate, Timing of Restitution Order, Extenuating circumstances justifying an extension of time for restitution request.

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 12/20/19 & 1/3/20.

Cases Cited: Vigil v. People, 2019 CO 105; People v. Bobian, 2019COA183; People v. Gregory, 2019COA184; People v. Sarabia-Martinez, 16CA2134; People v. Mize, 16CA1299; People v. Dominguez-Castor, 2020COA1; People v. Rios, 2020COA2; People v. Seagrave, 16CA2090; People v. Salazar, 16CA1515;

Keywords: Denying a defendant's challenge for cause, Granting a prosecution challenge for cause, Expert v. Lay opinion testimony, Unendorsed expert testimony, Blood spatter, Tool marks, Prosecutorial Misconduct, Decreasing Restitution, Settlement agreement effect on restitution, Exceptional Circumstances Exception to Speedy Trial Statute, Independent Source Exception to Suppression Remedy, Authentication of Facebook Evidence, Exclusion of Impeachment Evidence, Comments on a defendant's refusal to cooperate with an investigation, Asking a witness to comment on another witness's veracity, Lesser Non-Included Offense,

Links: Common Objections for 3x5 cards https://files.constantcontact.com/45bb5db5401/9df17e9b-db49-46bd-97ad-35b1d692901b.docx

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

Join us and guests April McMurrey and Lauren Lester as we discuss wellness and self care for legal professionals.

Here are some resources relevant to this discussion:

The Path to Lawyer Well-Being: Practical Recommendations for Positive Change The Report of the National Task Force on Lawyer Well-Being, August 14, 2017 available at: lawyerwellbeing.net

Lawyer Self Assessment Program: Lawyer Self Assessment

Why We Regulate—the Regulatory Objectives

Colorado Regulatory Objectives

The Lawyer, the Addict: https://www.nytimes.com/2017/07/15/business/lawyers-addiction-mental-health.html

(we didn't discuss this article, but it's very interesting and relevant)

On Purpose Legal Workshop: https://www.onpurposelegalevents.com/

Contact us at: [email protected] or [email protected].

This podcast covers case summaries distributed on 12/13/19.

Cases Cited: In Re People v. B.B.A.M, 2019 CO 103; Rail v. People, 2019 CO 99; Margerum v. People, 2019 CO 100; Williams v. People, 2019 CO 101; People v. Robinson, 2019 CO 102; In re. People v. Rowell, 2019 CO 104; People v. Meils, 2019COA180; People v. Procasky, 2019COA181; People v. Sosa, 2019COA182.

Keywords: Final determination of competency, Restoration of competency, Interrogatories, Impeachment with probationary status, Multiple convictions for the same conduct, Ability to pay and revocation of Deferred Judgment and Sentence, Prosecutorial Misconduct – Appealing to racial prejudice, Preliminary hearing after a bond is revoked, Unit of prosecution for Sexually Exploitive Materials, Jury Instructions for Attempted First-Degree Assault, Eluding – Sufficiency of the evidence, Possession of a deadly weapon on school grounds, Merger, Right to be present, Restitution for uncharged conduct.

Links:

Rowell Rule 21 Petition:

https://files.constantcontact.com/45bb5db5401/935b84c2-0760-4ea1-8d2d-6e27bcdf8647.pdf

Allman Follow-up: For help with Allman issues, contact Allen Chaney at [email protected]

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

This podcast covers case summaries distributed on 12/6/19.

Cases Cited: People v. Campos, 2019COA177; People v. Stiffler, 18CA0712; People v. Sanchez, 17CA2178; People v. Duran, 16CA0838.

Keywords: Miranda advisement prior to biographical questions, SVP determination, Standing to contest a search, Juror Bias – Premature Decision of Guilt.

Announcements and Links:

Termination of Brian Beary UNPUBLISHED, Beary v. City and County of Denver, et. al., 18CA2132.

Judge Gurley Order regarding Trooper Bollen

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/

Special thanks to our winter intern, Gracie, for helping us with the podcast this week.

This podcast covers case summaries distributed on 11/27/19.

Cases Cited: People v. Tibbels, 2019COA175; People v. Tafoya, 2019COA176.

Keywords: Prosecutorial Misconduct, Voir dire: reasonable doubt examples, Special interrogatory re dangerous instrument, long term continuous video surveillance is a search.

Links:

50-State Comparison chart – Sex Offender Registration Obligations

http://ccresourcecenter.org/state-restoration-profiles/50-state-comparison-relief-from-sex-offender-registration-obligations/

Music by Scott Holmes. Used under a Creative Commons license. Download today's music at: http://freemusicarchive.org/