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OADC Weekly Case Law Update

Office of the Alternate Defense Counsel

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This weekly podcast is intended for criminal defense teams and covers relevant case law updates, interesting tidbits, and information about the Office of the Alternate Defense Counsel in Denver, Colorado.
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This podcast covers case summaries distributed on 8/15/2025 Cases: UNPUBLISHED People v. McRae, 23CA0012 (August 14, 2025); The district court erred by denying McCrae's motion to suppress the drugs seized from the backpack in his car because the officers unconstitutionally prolonged the stop by detouring away from investigating the traffic violatio…
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This podcast covers case summaries distributed on 8/8/2025 Cases: UNPUBLISHED People v. Amoako-Asiamah, 22CA0825 (August 7, 2025); When viewed alongside the other irregularities during the trial, the division could not conclude that Amoako-Asiamah received a fundamentally fair trial, and thus due process, after he was permitted to make a loud, ramb…
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This podcast covers case summaries distributed on 8/1/2025 Cases: Terra Mgmt. Grp., LLC v. Keaten, 2025 CO 40, __ P.3d __, 2025 WL 1802067 (June 23, 2025); In a civil action, the Court declares that a trial court may sanction a party for the destruction of relevant evidence if the party knew or should have known that (1) litigation was pending or r…
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This podcast covers case summaries distributed on 7/25/2025 Cases: People v. Brennan, 2025COA68 (July 24, 2025); A Colorado court cannot exercise jurisdiction over a defendant for unauthorized use and identity theft based on the defendant’s solicitation, from a state other than Colorado, of out-of-state services using a Colorado resident’s credit c…
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This podcast covers case summaries distributed on 7/18/2025 Cases: People v. Valles, 2025COA67 (July 17, 2025); The trial court erred by conducting a virtual sentencing hearing without first providing the requisite advisements. However, reversal was not required because sentencing counsel did not object, and the error was not plain. UNPUBLISHED Peo…
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This podcast covers case summaries distributed on 7/11/2025 Cases: Ion Media v. West, 24CA1416 (July 10, 2025); Release of body worn camera recordings under CRS 24-31-902(2). People v. Manzanres, 2025COA62 (July 3, 2025); Trial court must make factual findings about how a mandatory protection order impacts the right to familial association, if the …
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Cases: People v. Mills, 2025 CO 47 (June 30, 2025); When police seize a citizen’s personal property, the police can take as much time as is “reasonable” to obtain the search warrant, even if that amount of time was not "necessary.” People in Interest of Kay W., 2025 CO 48 (June 30, 2025); If the court finds that your client waived their right to a …
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This podcast covers case summaries distributed on 6/27/2025 Cases and Keywords: People v. Gallegos, 2025 CO 41 (June 23, 2025); The plain language of the felony murder affirmative defense statute does not require that a defendant admit that they committed the predicate offense. People v. Schnorenberg, 2025 CO 43 (June 23, 2025); The trial court err…
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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 e…
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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 a…
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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…
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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 Ganawa…
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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 absen…
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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…
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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. Sant…
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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 an…
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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…
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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 prep…
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This podcast covers case summaries distributed on 4/11/2025 Cases and Keywords with timestamps: (02:09) People v. Harmon, 2025COA38 (April 10, 2025); Introduction of deceased witness’s testimony given at a prior civil trial. (08:32) People v. Spomer, 2025COA39 (April 10, 2025); Is an arrest warrant, standing alone, a detainer under the IAD for purp…
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This podcast covers case summaries distributed on 4/4/2025 Cases and Keywords with timestamps: (01:32) People v. Claycomb 2025COA 36 (April 3, 2025); Jury instruction for “without due regard” and intervening cause, Court’s instruction to continue deliberation. (11:56) UNPUBLISHED People v. Meza-Franco, 23CA1705 (April 3, 2025); Investigator testimo…
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This podcast covers case summaries distributed on 3/28/2025 Cases and Keywords with timestamps: (01:54) People v. Duran, 2025COA34 (March 27, 2025); Alleging deficient performance of plea counsel in PC petition, proportionality of sentence. (05:48) UNPUBLISHED People v. Yribia, 23CA0732 (March 27, 2025); Inviting error with bifurcation of elements.…
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This podcast covers case summaries distributed on 3/21/2025 Cases and Keywords with timestamps: (02:09) People v. Cichuniec, 2025COA33 (March 20, 2025); The filing of a valid direct criminal appeal does not divest the district court of jurisdiction to assess costs against a defendant. (02:54) People v. Rodriguez-Ortiz, 2025COA30 (March 20, 2025); S…
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This podcast covers case summaries distributed on 3/14/2025 Cases and Keywords with timestamps: (02:20) People v. Williams, 2025COA26 (March 13, 2025); Evidence sufficient to establish involuntary intoxication. (06:35) UNPUBLISHED People v. Woodward, 21CA1198 (March 13, 2025); Cross-examination of witnesses, Instruction on refusal of blood draw whi…
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This podcast covers case summaries distributed on 3/7/2025 Cases and Keywords with timestamps: (01:56) In re. People v. Silva-Jaquez, 2025 CO 11 (March 3, 2025); Discovery and Disclosures in a 35(c) proceeding. (06:02) Snedeker v. People, 2025 CO 10 (March 3, 2025); Corrections to sentences rendered illegal by Allman. (12:34) UNPUBLISHED People v. …
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This podcast covers case summaries distributed on 2/28/2025 Cases and Keywords with timestamps: (01:25) People v. Trujillo, 2025COA22 (February 27, 2025); Jury instructions for retaliation against a witness or victim and for attempt to commit retaliation against a witness or victim. (07:28) People v. Gray, 2025COA23 (February 27, 2025); Cross exami…
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This podcast covers case summaries distributed on 2/21/2025 Cases and Keywords with timestamps: (00:48) Giron v. Hice and Olathe, 2025COA17 (February 20, 2025); No governmental immunity for a fatal collision during officer’s high speed pursuit of a speeding vehicle without emergency siren or sufficient use of emergency lights. (02:58) UNPUBLISHED P…
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This podcast covers case summaries distributed on 2/14/2025 Cases and Keywords with timestamps: (01:51) Densmore v. People, 2025 CO 6 (February 10, 2025); Whether a DHS child welfare case worker was acting as an agent of law enforcement when she elicited inculpatory statements. (06:01) Frazee v. People, 2025 CO 7 (February 10, 2025); Whether a DHS …
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This podcast covers case summaries distributed on 2/7/2025 Cases and Keywords with timestamps: (02:17) People v. Pham, 2025 CO 4 (February 3, 2025); Suppression of fruit of unsupported dog search of vehicle. (08:08) People v. Mena, 2025COA14 (February 6, 2025); Evidentiary issues, Conviction of USCC was supported by the evidence, Interpretation of …
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This podcast covers case summaries distributed on 1/31/2025 Cases and Keywords with timestamps: (01:52) People v. Ragsdal, 2025COA9 (January 30, 2025); Restitution above the statutory limit for the charge is justified by need to compensate the victim for actual losses, Denial of motion for mistrial upheld when defense counsel admitted, during trial…
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This podcast covers case summaries distributed on 1/25/2025 Cases and Keywords with timestamps: (02:34) People v. Rodriguez-Morelos, 2025 CO 2 (January 23, 2025); Under section 18-5-902(1)(a), identity theft can only be committed against a person and not some other form of entity. (04:38) Nonhuman Rights Project v. Cheyenne Mountain Zoo, 2025 CO 3 …
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This podcast covers case summaries distributed on 1/17/2025 Cases and Keywords with timestamps: (00:53) UNPUBLISHED People v. Walker, 22CA0208 (January 9, 2025); 404b and Res Gestae evidence, a Batson challenge, Juror contact with a detective witness, presumptive blood evidence and the reagent Bluestar, exclusion of evidence. (10:16) UNPUBLISHED Pe…
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This podcast covers case summaries distributed on 1/10/2025. Cases and Keywords with timestamps: (00:52) People v. Johnson, 19CA0768 (January 2, 2025); Denial of Batson challenge, Failure to instruct jury on self-defense, Prosecutorial misconduct. (10:10) UNPUBLISHED People v. Rogers, 21CA1666 (January 2, 2025); Denial of motion to suppress confess…
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This podcast covers case summaries distributed on 12/27/2024 Cases and Keywords with timestamps: (01:51) The Gazzette v. Bourgerie, 2024 CO 78 (December 23, 2024); Colorado Peace Officers Standards and Training Board (“POST”) qualifies as a criminal justice agency and falls under CCJRA instead of CORA. (02:34) Al-Hamim v. Star Healthstone, 2024COA1…
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This podcast covers case summaries distributed on 12/20/2024 Cases and Keywords with timestamps: (01:35) McDonald v. People, 2024 CO 75 (December 16, 2024); Wells-Yates’s holdings don’t apply retroactively to cases on collateral review. (04:37) Ward v. People 2024 CO 76 (December 16, 2024); Wells-Yates’s holdings don’t apply retroactively to cases …
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This podcast covers case summaries distributed on 12/13/2024 Cases and Keywords with timestamps: (01:26) People v. Former Judge Woods, 2024 CO 72 (December 9, 2024); Per curium opinion issuing a public censure. (02:46) People v. Barnett, 2024 CO 73 (December 9, 2024); Reasonable suspicion for investigatory seizure, Order to exit vehicle is not an a…
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This podcast covers case summaries distributed on 12/6/2024 Cases and Keywords with timestamps: (01:13) UNPUBLISHED People v. Jebe, 23CA1676 (December 5, 2024); Government’s deadline for filing appeal was not extended by the prosecution’s motion for reconsideration and JEEN was not shown for the untimely filing. (03:45) UNPUBLISHED People v. Ramire…
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This podcast covers case summaries distributed on 11/27/2024 Cases and Keywords with timestamps: (01:26) Migoya v. Wheeler, 2024COA124 (November 27, 2024); Section 22-9-109, the Colorado Licensed Personnel Performance Evaluation Act (CLPPEA) carves out an exception to CORA for the evaluation reports of school districts’ licensed personnel, as well …
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This podcast covers case summaries distributed on 11/22/2024 Cases and Keywords with timestamps: (01:08) UNPUBLISHED People v. Sepulveda, 23CA1429 (November 21, 2024); Trial court jurisdiction to rule on motion to return seized property. (03:05) UNPUBLISHED People v Vandervelde 23CA1759 (November 21, 2024); Statutory authority to order payment of c…
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This podcast covers case summaries distributed on 11/15/2024 Links: Westlaw Precision training resources: https://answers.legalprof.thomsonreuters.com/wlp or https://training.thomsonreuters.com/legal-westlaw-precision Contact Shawndell Irving here: Shawndell Irving Music by Scott Holmes. Used under a Creative Commons license. Download today’s music…
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This podcast covers case summaries distributed on 11/8/2024 Cases and Keywords with timestamps: (01:44) People v. Martinez, 2024 CO 69 (November 4, 2024); Expert testimony, Expert witness admission under CRE 702 and Colorado case law. (06:22) People v. Segura, 2024 CO 70 (November 4, 2024); Any arguable merit in postconviction Rule 35(c) claim requ…
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This podcast covers case summaries distributed on 11/1/2024 Cases and Keywords with timestamps: (01:25) People v. Abdul-Rahman, 2024COA118 (October 31, 2024); Parolee is not required to pursue an administrative appeal of a parole revocation with the State Board of Parole before seeking judicial review. (03:56) UNPUBLISHED People v. Garcia, 22CA2176…
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This podcast covers case summaries distributed on 10/18/2024 and 10/25/2024 Cases and Keywords with timestamps: (02:51) UNPUBLISHED People v. Avila, 22CA0875 (October 3, 2024); Evidence of touch DNA excluded under Rape Shield Statute. (06:10) UNPUBLISHED People v. Salazar, 21CA0949 (October 17, 2024); Errors in instructions not plain because the er…
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Cases and Keywords with timestamps: (01:28) UNPUBLISHED People v. Rael, 22CA1069 (October 10, 2024); Motions challenging the POPWO statute as unconstitutional on its face and as applied to client’s conduct. (02:44) People v. Ramcharan, 22CA0534 (October 10, 2024); Sufficiency of offers of proof, Jury instruction on mens rea of knowingly, Denial of …
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This podcast covers case summaries distributed on 10/4/2024. Cases and Keywords with timestamps: (01:17) Sellers v. People, 2024 CO 64 (September 30, 2024); Life without the possibility of parole sentence for felony murder is not categorically unconstitutional, nor is the sentence grossly disproportionate following the General Assembly’s 2021 recla…
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This podcast covers case summaries distributed on 9/27/2024. Cases and Keywords with timestamps: (01:46) People v. Morris, 2024COA105 (September 26, 2024); Revocation of YOS sentence and imposition of DOC sentence was appropriate even after defendant requested diagnostic validation. (05:35) UNPUBLISHED People v. Rodgers, 22CA1155 (September 26, 202…
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This podcast covers case summaries distributed on 9/20/2024. Cases and Keywords with timestamps: (00:50) UNPUB LISHED People v. Barber, 22CA0502 (September 19, 2024); Erlinger, Almendarez-Torres, Apprendi, Blakely, Plain error for sentencing under habitual offender statute when prior offense was not found by a jury, Improper hearsay evidence by pre…
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This podcast covers case summaries distributed on 9/13/2024. Cases and Keywords with timestamps: (01:52) People v. Gregg 23CR289 (Mesa County September 9, 2024); Jury must determine validity of habitual criminal counts. (04:10) People v. Romero, 2024 CO 62 (September 9, 2024); Batson challenge not sustained where prosecutor struck juror for appeari…
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This podcast covers case summaries distributed on 9/6/2024. Cases and Keywords with timestamps: (01:32) Azar v. Ngo, 24COA99 & 24COA100 (September 5, 2024); CRPC 5.6(a) (02:15) UNPUBLISHED People v. Martinez, 23CA2198 (August 29); Internet luring of a child requires use of explicit sexual language. (04:18) UNPUBLISHED People v. T.B., 22CA1028 (Sept…
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This podcast covers case summaries distributed on 8/30/2024. Cases and Keywords with timestamps: (01:42) People v. Gillespie, 2024COA98 (August 29, 2024); Sufficiency of evidence for knowingly killing dog, Suppression of evidence. (05:36) UNPUBLISHED People v. Dalton, 23CA0750 (August 8, 2024); Error when IAC claim was denied without evidentiary he…
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