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Episode 410 - OADC Weekly Case Law Update

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Manage episode 483151893 series 3280807
Content provided by Shawndell Irving and Office of the Alternate Defense Counsel. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Shawndell Irving and Office of the Alternate Defense Counsel or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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 and affirmed.

Johnson v. Staab, 2025COA45 (May 1, 2025); Jury permitted to consider material omissions from and false statements in a search warrant affidavit that were the result of negligence or mistake, and these would not prove a constitutional violation, required reversal.

In People v. Parks, 987 N.W.2d 161 (Mich. 2022); Mandatory sentencing of 18-year-old to LWOP violates proportionality required by the Michigan Constitution.

Caylao-Do v. Logue (Denver Police Officer), 2025COA42 (May 1, 2025); Batson challenges, Anti-police bias expressed by juror during deliberations did not warrant granting of a motion for new trial and Pena-Rodriguez cannot be stretched to include anti-police bias.

People v. Jones, 2025CO43 (May 1, 2025); As a matter of first impression in Colorado the division finds that evidence of a defendant’s prior acts of abuse against a witness may be admissible under CRE 404(b) to buttress the witness’s credibility if that evidence could explain the witness’s reluctance to testify or the witness’s changed accounts.

Links:

Caylao-Do v. Logue, 2025COA42

https://files.constantcontact.com/45bb5db5401/65328f48-aa01-41bc-9c68-eb3b41370128.pdf?rdr=true

People v. Jones, 2025CO43

https://files.constantcontact.com/45bb5db5401/c4b5ceac-d36c-4634-8d7b-e272fb28f467.pdf?rdr=true

Marquez v. Schafer, 2025COA44

https://files.constantcontact.com/45bb5db5401/8f930bf4-0b00-4d9f-b0e0-90ae5a3402af.pdf?rdr=true

Johnson v. Staab, 2025COA45

https://files.constantcontact.com/45bb5db5401/44f57ff1-3f7b-44c1-bfe5-62411d08cee9.pdf?rdr=true

People v. Poole Mich. 4.2025

https://files.constantcontact.com/45bb5db5401/47997b4d-f4f6-4fc8-b040-c1a4f22683b3.docx?rdr=true

People v. Taylor, Mich 4.2025

https://files.constantcontact.com/45bb5db5401/b43d2ed1-97f0-46d4-a13e-937715f28665.docx?rdr=true

17 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/9912ac9e-e1ac-4ec7-a634-4428d0b7028a.pdf?rdr=true

Rules Change 2025(10)

https://files.constantcontact.com/45bb5db5401/b52b8503-a66b-4125-9e5e-31fb2c258f4d.pdf?rdr=true

IAALS Annual Report

https://files.constantcontact.com/45bb5db5401/e09dbc52-8d9f-400b-bb8a-c55a1b899839.pdf?rdr=true

Contact Shawndell Irving here: Shawndell Irving

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

NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them. Patterson v. James, 2018 COA 173, ¶¶ 40-43. You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm

  continue reading

424 episodes

Artwork
iconShare
 
Manage episode 483151893 series 3280807
Content provided by Shawndell Irving and Office of the Alternate Defense Counsel. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Shawndell Irving and Office of the Alternate Defense Counsel or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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 and affirmed.

Johnson v. Staab, 2025COA45 (May 1, 2025); Jury permitted to consider material omissions from and false statements in a search warrant affidavit that were the result of negligence or mistake, and these would not prove a constitutional violation, required reversal.

In People v. Parks, 987 N.W.2d 161 (Mich. 2022); Mandatory sentencing of 18-year-old to LWOP violates proportionality required by the Michigan Constitution.

Caylao-Do v. Logue (Denver Police Officer), 2025COA42 (May 1, 2025); Batson challenges, Anti-police bias expressed by juror during deliberations did not warrant granting of a motion for new trial and Pena-Rodriguez cannot be stretched to include anti-police bias.

People v. Jones, 2025CO43 (May 1, 2025); As a matter of first impression in Colorado the division finds that evidence of a defendant’s prior acts of abuse against a witness may be admissible under CRE 404(b) to buttress the witness’s credibility if that evidence could explain the witness’s reluctance to testify or the witness’s changed accounts.

Links:

Caylao-Do v. Logue, 2025COA42

https://files.constantcontact.com/45bb5db5401/65328f48-aa01-41bc-9c68-eb3b41370128.pdf?rdr=true

People v. Jones, 2025CO43

https://files.constantcontact.com/45bb5db5401/c4b5ceac-d36c-4634-8d7b-e272fb28f467.pdf?rdr=true

Marquez v. Schafer, 2025COA44

https://files.constantcontact.com/45bb5db5401/8f930bf4-0b00-4d9f-b0e0-90ae5a3402af.pdf?rdr=true

Johnson v. Staab, 2025COA45

https://files.constantcontact.com/45bb5db5401/44f57ff1-3f7b-44c1-bfe5-62411d08cee9.pdf?rdr=true

People v. Poole Mich. 4.2025

https://files.constantcontact.com/45bb5db5401/47997b4d-f4f6-4fc8-b040-c1a4f22683b3.docx?rdr=true

People v. Taylor, Mich 4.2025

https://files.constantcontact.com/45bb5db5401/b43d2ed1-97f0-46d4-a13e-937715f28665.docx?rdr=true

17 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/9912ac9e-e1ac-4ec7-a634-4428d0b7028a.pdf?rdr=true

Rules Change 2025(10)

https://files.constantcontact.com/45bb5db5401/b52b8503-a66b-4125-9e5e-31fb2c258f4d.pdf?rdr=true

IAALS Annual Report

https://files.constantcontact.com/45bb5db5401/e09dbc52-8d9f-400b-bb8a-c55a1b899839.pdf?rdr=true

Contact Shawndell Irving here: Shawndell Irving

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

NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them. Patterson v. James, 2018 COA 173, ¶¶ 40-43. You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm

  continue reading

424 episodes

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