OADC Weekly Case Law Update

This podcast covers case summaries distributed on 9/13/19.

Cases Cited: Brooks v. People, 2019 CO 75; People v. Burnell, 2019COA142; People v. Mosely, 2019COA143; People v. Leyba, 2019COA144; People v. Avila, 2019COA145.

Keywords: Habitual Offender, Right to be present for verdict, CRE 403, Prosecutorial Misconduct: mistrial or curative instruction, Unanimity: Self-Defense Affirmative Defense, Miranda, Revoke Request for Attorney, Fusion Center.

Listen to With(in): Shifting the Conversation on Who Is in Prison at Apple Podcasts (https://podcasts.apple.com/us/podcast/with-in/id1478113819) or Soundcloud (https://soundcloud.com/user-36789911-781264628). Sign up for their newsletter here: https://www.thisiswithin.com/reverberations-from-within

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This podcast covers case summaries distributed on 9/6/19.

Cases Cited: People v. Ojeda, 2019COA137; People v. Marx, 2019COA138; People v. McEntee 2019COA139; People v. Vidauri, 2019COA40.

Keywords: Batson, Improper Expert Testimony, Rape Shield Statute, Accuser's untruthful character, Unlawful Sexual Contact, Sufficiency of the Evidence, Expert Testimony, Prosecutorial Misconduct.

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 8/30/19.

Cases Cited: People v. Genrich, 2019COA132; People v. West, 2019COA131; People v. Sharp, 2019COA133; People in Interest of D.L.C., 2019COA135.

Keywords: Tool mark evidence, Motion for New Trial, Post-Conviction Statute of Limitations, Motion for New Trial for Newly Discovered Evidence, Right to Self-Representation, IAC – Failure to Investigate, IAC – Failure to File Motion for New Trial, Suspension of Post-Judgment Interest on Restitution (Juvenile).

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 8/16/19 and 8/23/19.

Cases Cited: United States v. Blair, No. 18-1220; People v. Whisler, 2019COA126; People v. Salazar, 17CA1237; People v. Skinner, 17CA1057; People v. Abad, 18CA1253; People v. Campbell, 18CA0663; People v. Moquist, 16CA0876; People v. Anderson 17CA0469; People v. Lee, 2019COA130; People v. Burgette, 17CA0973;

Keywords: Terms and conditions of supervised release, Restriction written in the negative is overbroad, Mistake of Law, POWPO, Violation of a DJS based on a new offense, Violation of DJS based on failure to pay, Bolstering testimony by witness, Successive 35(a), Award of Cost of Prosecution for Probation Revocation Proceedings, Make-My-Day and Unlawful Entry Instructions, Examination of Snitch Witness, Equal Protection, Manual Strangulation Statute, Defense Counsel Cannot Confess to Guilt if Defendant Asserts Innocence.

Miranda Chart: Click here for link

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 8/2/19 and 8/9/19.

Cases Cited: People v. Huggins, 2019COA116; People v. Yakas, 2019COA117; Gandy v. Williams, 2019COA118; People v. Guillard, 19CA0363; People v. Thames, 2019COA124; People v. Martinez, 17CA2172; People v. Prentiss, 17CA1980.

Keywords: Due Process Violation: Undue Delay in postconviction ruling, IAC Appellate Counsel, UMDDA: Waiver by counsel, Serving DOC sentence in a foreign country, Violation of bail bond condition, Alternate suspect evidence, Prosecutorial Misconduct in Closing Argument, Video of Defendant in prison uniform, Imposition of Surcharges, Correcting an illegal sentence on remand, Sentencing Errors, Limits on sentencing appeals, Mandatory Consecutive Sentencing for Violations of a Protective Order (VPO).

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 7/26/19.

Cases Cited: People in the Interest of R.F., 2019COA110; People v. Hernandez, 2019COA111, People v. Sanchez, 17CA0419.

Keywords: Forced Medication – Competency Restoration, Sell vs Hardesty tests, Right to be Present at a Restitution Hearing, Waiver of presence by Counsel, Validity of Section 18-1.3-603(10), Due Process, Constitutional Right to a Speedy Trial.

Links:

Sell vs Hardesty Chart (Page 8 – 9 of the opinion attached) https://files.constantcontact.com/45bb5db5401/4878ebe8-34b8-4f96-ac25-a94034348f5e.pdf

OARC updates https://www.coloradosupremecourt.com/Newsletters/Newsletters.htm

Ethics Opinion #137 https://files.constantcontact.com/45bb5db5401/c4bd4de3-7f19-4a01-b5d5-3ea3a1088ce5.pdf

Ethics Opinion #136 https://files.constantcontact.com/45bb5db5401/c4bd4de3-7f19-4a01-b5d5-3ea3a1088ce5.pdf

Sex Offender Sentencing Manual https://files.constantcontact.com/45bb5db5401/9afb2862-09cf-4ba9-8ee3-a0d6f433b3dd.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 7/17/19.

Cases Cited: People v. Church, 16CA2189; People v. Harmon, 16CA1400, People v. Weigum, 15CA0097 (Referencing People v. Theander, 2013 CO 15); United States v. Hansen, 17-4159.

Keywords: Amended Information, Illegal Sentence, Concurrent Sentences, Miranda In-Custody Determination, Sovereign Citizen Defense, Faretta Hearing, Proceeding Pro-Se.

To view the written summary, click here: 7/17/19 Case Summary

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

Special thanks to interns Joe Soloway, McCall Hoops, and Nicholas Turco.

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

Special Guests Kimberly Simmons and Maria Consuelos join us in the Studio to talk about the OADC's Municipal Court program and Senate Bill 18-203 and the resulting statutory changes. For more information, please see the complete statute below.

CRS 13-10-114.5

ACLU's report Justice Derailed.

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This podcast covers case summaries distributed on 7/12/19.

Cases Cited: People v. Hamilton, 2019COA101; People v. Bott, 2019COA100; People v. Medina, 2019COA103; People v. Flynn, 2019COA105; People v. Sifuentes, 2019COA106; People v. Graves, 16CA1825.

Keywords: Phone content reports: Hearsay, Phone content reports: Reliability and Authenticity, Reversible error, 404(b): prior sex assaults, The Prior Act Instructions, Prior conviction instructions, Factual Innocence, corpus delecti rule, Sufficiency of the evidence, Trustworthiness Standard, Double Jeopardy, Possession of Child Pornographic Images, UMDDA, Legal Standard or Test for Granting or Denying a Continuance, Brady violation, Trial Judge's Voir Dire, Use of Hypotheticals in Voir Dire, Jury Instruction Error(s), Wavier v. Forfeiture, Plain Error, Prosecutorial misconduct, Credibility of Witness,

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

Read the full written summary here: 7.12.19 Case Summary

Interesting article about the financial impact of electronic monitoring.