OADC Weekly Case Law Update

This podcast covers case summaries distributed on 7/3/19.

Cases Cited: Howard-Walker v. People, 2019 CO 69; Phillips v. People, 2019 CO 72; Cardman v. People, 2019 CO 73; People v. Mazzarelli, 2019 CO 71; Diehl v. Weiser, 2019 CO 70.

Keywords: Cumulative Error, Boilerplate does not preserve issues for appellate review, Unpreserved rights may be waived or forfeited, Admissibility of police station statements, Search, Rule 41, Hinojos-Mendoza v. Rediger, Ineffective assistance of counsel, Plain error review where voluntariness of statements raised for the first time on appeal, DA withdrawal from plea agreement, Period of mandatory parole, PED.

Cardman Oral Argument

Special Responsibilities of the Prosecutor

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This podcast covers case summaries distributed on 6/28/19.

Cases Cited: Mitchell v. Wisconsin, No. 18-6210; Iancu v. Brunetti, No. 18-302; United States v. Davis, No. 18-431; United States v. Haymond, 17-1672; Jones v. Williams, 2019 CO 61; In re Matter of Feldman, 2019 CO 62; People v. Brown, 2019 CO 63; Garcia v. People, 2019 CO 64; Campbell v. People, 2019 CO 66; People v. Villela, 2019COA95.

Keywords: Exigent Circumstances Exception for unconscious drunk drivers, First Amendment, Vagueness, Right to a Jury Trial for facts used to increase punishment, habeas corpus, "Slayer" Statute, Reasonable Suspicion for a Terry/Stone stop, Following Model Jury Instructions Doesn't Avoid Plain Error, No mens rea for Sentence Enhancer, HGN = Expert Testimony, Re-sentencing after a probation revocation, Blakely.

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 6/22/19.

Cases Cited: People v. Haack, 2019 CO 52; People In the Interest of T. B., 2019 CO 53; People in Interest of T. T. 2019 CO 54; Kutzly v. People, 2019 CO 55, People v. Alvarado Hinojos, 2019 CO 60; People v. Chavez-Torrez, 2019 CO 59; People In Interest of T.B. 2019COA89; People v. Hamm, 2019COA90; Flowers v. Mississippi, No.17-9572; Rehaif v. United States, 17-9560; McDonough v. Smith, No. 18-485

Keywords: Independent Source Exception to Exclusionary Rule, Erotic Nudity, Juveniles not exempted before 2018, index of cases, ICON/Eclipse, Schreck evidentiary hearing, Reliability determination, justifiable excuse or excusable neglect (JEEN), CSORA, lifetime registration requirement, Ineffective assistance of counsel, Challenges to the stipulated sentence, Appeal of Partial Denial of a 35(C) petition, Voluntariness of stipulation, Batson, scienter, Knowingly applies both to the defendant's conduct and to the defendant's status, malicious prosecution, Statute of Limitations.

Links:

2019 Rocky Mountain Private Investigators Conference, https://ppiac.org/event-3209810

In the Dark Podcast, https://www.apmreports.org/in-the-dark (about the Curtis Flowers case)

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This podcast covers case summaries distributed on 6/13/19.

Cases Cited: People v. Morehead, 2019 CO 48; In re: People v. Brown, 2019 CO 50; Ruybalid v. Bd. of Cty. Comm'rs, 2019 CO 49; People v. Johnson, 15CA1161; Carbajal v. Utesch, 17CA0965.

Keywords: Case Doctrine, Confidentiality of Reverse Transfer Materials, Waiver of Confidentiality, Testimony of obtaining warrants, First-Degree Kidnapping, Common Law Litigation Privilege.

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 6/7/19.

Cases Cited: McCoy v. People, 2019 CO 44; Maestas v. People, 2019 CO 45; People v. Luna, 17CA1413; Commonwealth v. Hicks, 56 MAP 2017, 2019 WL 2305953.

Keywords: Standard of Review for Insufficiency of Evidence Claims, The Scope of §18-3-401(1)(g), Overbreadth, Vagueness, Sufficiency of the evidence, Asportation.

1275 Final Sealing Bill Outline

2019 Legislative Policy Update

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This podcast covers case summaries distributed on 5/31/19.

Cases Cited: People v. Lawrence, 2019COA84; People in the Interest of L.R.B. 2019COA85; People v. Canody, 18CA0458; People v. Vaughan, 18CA0299; People v. Coons, 15CA1922; Nieves v. Bartlett, No. 17-1174.

Keywords: Securities Fraud - Sufficiency of the Evidence, Theft – Sufficiency of the Evidence, Securities Fraud – Willful violation, Expert Testimony, Exclusion of Evidence, Retroactive Change to Theft Statute, DNN with ICWA, IAC – Deficient Performance and Prejudice, Restitution, Domestic Abuse Wheel of Power and Control, First Amendment and Retaliatory Arrest.

New Hampshire repeals the death penalty: http://www.abajournal.com/news/article/new-hampshire-repeals-its-death-penalty-its-last-execution-was-in-1939?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Theft Statute Matrix from People v. Lawrence, 2019COA84: https://www.coloradoadc.org/images/TemporaryUploads/theftstatutematrix.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 5/24/19.

Cases Cited: People v. Anderson, 2019 CO 34; People v. Tomaske, 2019 CO 35; People v. Gadberry, 2019 CO 37; People v. Dominguez, 2019CAO78; People v. Ross, 2019COA79.

Keywords: AEIM - Sufficiency of the Evidence, 4th Amendment: Attenuation Doctrine, Drug Dog Sniff Search, Colorado Constitution versus US Constitution, A Marijuana-sensing Sniff is a Search in Colorado, Searches Require Probable Cause, Probable Cause for Dog Deployment, Violation of the Colorado Constitution Requires Exclusion of Evidence, Amendment 64, Drug Dog Sniff, Admissibility of Text Messages, Improper Expert Testimony, Buzz-word Bingo, Prosecutorial Misconduct, Merger, Child Prostitution.

My Cousin Vinny objection. https://www.youtube.com/watch?v=EdCkrHa-pfY

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 5/17/19.

Cases Cited: People v. Porter, 2019COA73; People v. Trujillo, 2019COA74; People v. Chalchi-Sevilla, 2019COA75.

Keywords: Habitual Counts - separate and distinct criminal episodes, Extended Proportionality Review, DV Treatment Requirements, Procedural vehicle, Horse, Challenge to Treatment Requirement, Enforcement of Sentence Requirements, IAC – Deficient Performance: parole eligibility, IAC -Remedy.

Extras: ABA Formal Opinion 486 https://files.constantcontact.com/45bb5db5401/632df134-bde4-4e94-b8a2-e9a123d13286.pdf

Jurisbytes Texting app https://jurisbytes.com/

View Training Information at https://www.coloradoadc.org/events (You must be logged into the OADC Member website to view these links.)

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

Sound effects by Davethetech and used under a Creative Commons license. Retrieved at https://freesound.org/people/davethetech/sounds/357574/

This podcast covers case summaries distributed on 5/10/19.

Cases Discussed: People v. Cline, 2019 CO 33; People v. Sims, 2019COA66; People in the Interest of A. N., 2019COA67; People v. Galvan, 2019COA68; People v. Neckel, 2019COA70; People in Interest of J. V. D. 2019COA70, People v. Fordyce, 16CA1517.

Keywords: Miranda – In-custody determination, Superseding Indictment: effect on jurisdiction, Statute of Limitations, Rape Shield Statute, Restitution interest in JV proceeding, Self-Defense instructions: Provocation instruction, Self-Defense instructions: No duty to retreat instruction, Victim's Right to a Fair Trial, Process Server as Trespasser, Defense of property: No duty to retreat instruction, Instructions Defining Unlawful Trespass, Juvenile's Waiver of the 6th Amendment right to counsel, Right to Terminate Counsel.

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 5/3/19.

Cases Cited: People v. Berdahl¸ 2019 CO 29; Gow v. People, 2019 CO 30; People v. Tresco, 2019COA61; People v. Perez, 2019COA62; People v. Perez, 2019COA62; People v. Archuletta, 2019COA64.

Keywords: Courtesy Rides, Consent Searches, Client Dissatisfaction with Counsel, Confrontation Clause, Television Show Evidence, Restitution Determination – Time, Disclosure of Crime Victim Compensation Board Records, Affirmative Defense – Emergency Drug or Alcohol Overdose Event, Unanimity.

Checklist for attacking prior convictions:

https://files.constantcontact.com/45bb5db5401/778c9566-737b-4d08-83e0-324059386acb.pdf

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

***Listen after the credits for an outtake from this week's recording. You won't want to miss it.***