OADC Weekly Case Law Update

This podcast covers case summaries distributed on 4/26/19.

Cases Cited: People v. Bondsteel, 2019 CO 26; Buell v. People, 2019 CO 27; Edwards v. May, 17CA2081; People v. Volin, 17CA1565; People v. Hookfin, 16CA0736; People v. Anderson, 14CA1712; People v. Hand, 16CA1258; Taylor v. Saginaw, 17-2126.

Keywords: Joinder – Preservation for Appeal, Merits Analysis, Cross-Admissibility of Evidence, Consolidation, CCJRA, Records, Return of Defendant's Property, Computer Theft as Lesser Included Offense, Pre-Sentence Confinement Credit, Insufficiency of Evidence Claims, Unreasonable chalking.

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 4/19/19.

Cases Cited: People v. Delgado, 2019COA55; People in Interest of D.M., 2019COA55; People in the Interest of B.D., 2019COA57; Lorenzen v. Pinnacol Assurance, 2019COA54; People v. Gebreyohannes, 17CA0084; People v. Abraha, 17CA0084.

Keywords: IAC, Remedy for IAC, Prejudice Determination, Advisement Against Testifying, Failure to Investigate, Restitution for Stolen Marijuana, Complicity for a Strict Liability Sentence Enhancer, Search and Seizure, Miranda In-Custody Determination, Voluntariness of Consent to Search, Admission of 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 4/12/19.

Cases Cited: Ray v. People, 2019 CO 21; Sharrow v. People, 2019 CO 25; People v. Davis, 2019 CO 24; Calvert v. Mayberry, 2019 CO 23; People v. Beatty, 17CA1204; People v. Smith, 16CA1911; People v. Rivera, 16CA0643; People v. Heimann, 16CA0494.

Keywords: Self-Defense Jury Instruction, Jury Access to Evidence, Video Statements, Revocation of Probation, Failure to Pay Fines or Restitution, Suppression of Statement, Consent Search, Limited Consent to Search, Attorney Ethics, Mandatory Concurrent Sentences, Restitution, Proximate Cause of Damages, Hearsay, Proportionality Review.

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 4/4/19.

Cases Cited: People v. Perez, 2019COA48; People v. Guardado-Rivas, 15CA2113; Bucklew v. Precythe, No. 17-8151.

Keywords: Miranda, Public Safety Exception, POWPO, Harmlessness, Double Jeopardy, Due Process, Outrageous Governmental Conduct Claim, Unlawful Entry, Heat of Passion, CRE 404(b), CRE 403, Subsequent Act Evidence, Impeachment, Knowledge of Immigration Consequences by a Witness, Eighth Amendment, Execution Method, Cruel and Unusual Punishment, Nitrogen Hypoxia, Lethal Injection, Alternate Execution Method, Delay in Execution.

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 3/29/19.

Cases Cited: In re. People v. Roina, 2019 CO 20; People in Interest of A. N. B., 2019COA46; People v. Cutchen, 18CA1793; People v. Wilson, 18CA0411; People v. Lozano-Salazar, 17CA1691; People v. Johnson, 17CA2177; Hester v. United States, No. 17-9082.

Keywords: Competency, Ex Parte Communications, Expert, HDVO, Domestic Violence, Habitual Offender, Suppression of Prior Conviction, IAC, Proportionality Review, Denial of 35c Claims, Curtis Claims, Reconsideration Motion, Successive Claims, Appeal of Denial of Post Conviction Motion, Restitution.

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 3/22/19.

Cases Cited: Garner v. People, 2019 CO 19; People v. Cohen, 2019COA38; People v. Murphy, 2019COA39; Johns v. Raemisch, 17CA1879; People v. Lee, 16CA1567; People v. Williams, 15CA0122; People v. Loats, 15CA0064.

Keywords: In-Court Identification, Photographic Array, OARC Complaints, Opening the Door Doctrine, Confrontation Clause, Harmlessness, CRE 403, Jury Instruction, Expert Testimony, Body Language Analysis, CRE 701, Crime of Violence, Blast Knuckles, Self-Defense, Initial Aggressor, Alternate Suspect Evidence, Grand Jury Secrecy, Jury Question, Transferred Intent, Self-Defense Exceptions.

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 3/15/19.

Cases Cited: Patterson v. James, 2018 COA 173; In the Matter of Laurie A. Booras, 2019 CO 16; People v. Johnson, 2019 CO 17; People v. Threlkel, 2019 CO 18; People v. Henkel, 15CA1453; People v. Maes, 15CA1764; People v. Noble, 17CA0644; People v. Claybaugh, 17CA0175; U.S. v. Gaines, 17-3270.

Keywords: Unpublished Opinions, Judicial Misconduct, Reasonable Doubt Jury Instruction, Exclusionary Rule, Unconstitutional Stop, Money Laundering, Failure to Perfect Appeal, IAC, Ineffective Assistance of Counsel, Trial Court's Failure to Advise, Sentencing, Consecutive Sentences, Concurrent Sentences, Witness Failure to Appear, Continuance, Seizure, Attenuation, Probable Cause, Reasonable Suspicion, Abandonment.

Link to U.S. v. Gaines, 17-3270: https://files.constantcontact.com/45bb5db5401/37296a2a-5ac1-4240-90de-a17b2fbafb56.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 3/8/19.

Cases Cited: People v. Travis, 2019 CO 15; People v. Gonzales, 2019COA30; People v. Roehrs, 2019COA31; People v. Williams, 2019COA32; People v. Knoeppchen, 2019COA34; People in Interest of S.K, 2019COA36; People v. Chavez 17CA0970; People v. Vigil, Jr., 14CA1133.

Keywords: Sixth Amendment, Counsel of Choice, Voicemail, Evidence, Admissibility, Recusal of Judge, Disqualification, Photo Array, Motion to Continue, Continuance of Trial, Habitual Count, Restitution, Good Cause Finding, Americans With Disabilities Act, Child Abuse, Delay in Treatment, Undisclosed Expert Testimony, Admission of Municipal Conviction, CRE 608(b), Impeachment of Witnesses.

The Champion's article about the OADC, entitled "Bright Spots in Public Defense: The Colorado Office of the Alternate Defense Counsel: Supporting Indigent Defense Through a Statewide Conflict Counsel System" can be found here: https://files.constantcontact.com/45bb5db5401/beba14ce-bbb6-4045-b105-cc208c2e9f70.pdf

My Cousin Vinny's cross examination can be found here: https://www.youtube.com/watch?v=OdCRRc9zlas

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 3/1/19.

Cases Cited: Madison v. Alabama, No. 17-7505; Garza v. Idaho, No. 17-1026; United States v. Orozco, No. 18-3003; US v Haymond, No. 17-1672; People v. Bozarth, 15CA1675.

Keywords: Mental illness, Death Row, Execution, Writ of Certiorari, Plea Agreement, Waiver of Right to Appeal, Prosecutorial Misconduct, Supervised Release, Res Gestae, Judge Denigrating Defense Counsel, Judicial Misconduct.

Amy Howe's analysis of Haymond: https://www.scotusblog.com/2019/02/argument-preview-justices-address-circuit-split-on-whether-a-period-of-pretrial-imprisonment-can-toll-a-term-of-federal-supervised-release/

Transcript of Haymond arguments: https://files.constantcontact.com/45bb5db5401/57b47a8f-b0fa-4fa0-bd63-0d1592a41b96.pdf

Thanks to special guest Erin Campbell, Evaluation and Training Coordinator at the OADC.

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 2/22/19.

Cases Cited: People v. Tafoya, 2019 CO 13; People v. Cooper, 2019COA21; People in Interest of D.C., 2019COA22; People v. Denhartog, 2019COA23; People v. Slaughter, 2019COA27; People v. Melnick, 2019COA28; Timbs v. Indiana, 17-1091.

Keywords: DUI, Blind Expert, Public Indecency, DYC, Assault of a Peace Officer, Threat, Equal Protection, Strangulation,35c, Parole Revocation, Excessive Fines, 8th Amendment.

Amy Howe's explanation of Timbs v. Indiana:

https://www.scotusblog.com/2019/02/opinion-analysis-eighth-amendments-ban-on-excessive-fines-applies-to-the-states/

Commission Application for Judicial Nominating and Judicial Performance Commissions: https://www.colorado.gov/governor/boards-commissions-application

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