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Episode 416 - OADC Weekly Case Law Update

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Manage episode 492600940 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 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 appeal.

Martin v. U.S., No. 24-362 (June 12, 2025) The scope of liability for federal law enforcement agents who cause personal injury and property damage when raiding the wrong house?

Parrish v. United States, No. 24-275 (June 12, 2025) A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.

A.J.T. v. Osseo Schools, No. 24-249 (June 12, 2025) Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of “bad faith or gross misjudgment” but instead are subject to the same standards that apply in other disability discrimination contexts.

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266 (D. Ct. Colo. 6.9.2025) The district court suppressed evidence seized from an unconstitutional frisk by Sterling Officer Kyle Taylor after finding he did not have probable cause to arrest Sigala-Baray for driving without valid insurance and did not have reasonable and articulable suspicion to believe that he was armed and dangerous.

People v. Sotade, 2025 CO 38 (June 9, 2025) A show cause application challenging a public entity’s refusal to comply with a CCJRA request must be filed in the district court in the district where the records reside.

Links:

Rivers v. Guerrero, no. 23-1345

https://files.constantcontact.com/45bb5db5401/2b14a302-c358-4fa7-ac1f-7ba275815833.pdf?rdr=true

Martin v. U.S., No. 24-362

https://files.constantcontact.com/45bb5db5401/471afe83-4b31-48f9-8ea4-3149dd925e17.pdf?rdr=true

Parrish v. United States, No. 24-275

https://files.constantcontact.com/45bb5db5401/2ca6e340-9b62-46d6-ab73-b480cb9bce29.pdf?rdr=true

A.J.T. v. Osseo Schools, No. 24-249

https://files.constantcontact.com/45bb5db5401/84a053c4-3166-4a71-8bc3-a2f55be0af15.pdf?rdr=true

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266

https://files.constantcontact.com/45bb5db5401/65e5aca4-4bd7-4d0d-a0f5-08d0e67b1bdc.docx?rdr=true

People v. Sotade, 2025 CO 38

https://files.constantcontact.com/45bb5db5401/335b0057-4dda-4ab1-bf8b-d86938cebc1e.pdf?rdr=true

25HB-1275 Forensic Science Integrity bill

https://files.constantcontact.com/45bb5db5401/d7663234-37c1-4baa-9e9e-bfb556523bf4.pdf?rdr=true

23 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/ae6dd3b0-bf38-41d7-9711-86b01fc328eb.pdf?rdr=true

ABA Formal Ethics Opinion 516

https://files.constantcontact.com/45bb5db5401/083563a5-a83d-4cd4-afba-da04624ed644.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

418 episodes

Artwork
iconShare
 
Manage episode 492600940 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 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 appeal.

Martin v. U.S., No. 24-362 (June 12, 2025) The scope of liability for federal law enforcement agents who cause personal injury and property damage when raiding the wrong house?

Parrish v. United States, No. 24-275 (June 12, 2025) A litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening. The original notice relates forward to the date reopening is granted.

A.J.T. v. Osseo Schools, No. 24-249 (June 12, 2025) Schoolchildren bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of “bad faith or gross misjudgment” but instead are subject to the same standards that apply in other disability discrimination contexts.

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266 (D. Ct. Colo. 6.9.2025) The district court suppressed evidence seized from an unconstitutional frisk by Sterling Officer Kyle Taylor after finding he did not have probable cause to arrest Sigala-Baray for driving without valid insurance and did not have reasonable and articulable suspicion to believe that he was armed and dangerous.

People v. Sotade, 2025 CO 38 (June 9, 2025) A show cause application challenging a public entity’s refusal to comply with a CCJRA request must be filed in the district court in the district where the records reside.

Links:

Rivers v. Guerrero, no. 23-1345

https://files.constantcontact.com/45bb5db5401/2b14a302-c358-4fa7-ac1f-7ba275815833.pdf?rdr=true

Martin v. U.S., No. 24-362

https://files.constantcontact.com/45bb5db5401/471afe83-4b31-48f9-8ea4-3149dd925e17.pdf?rdr=true

Parrish v. United States, No. 24-275

https://files.constantcontact.com/45bb5db5401/2ca6e340-9b62-46d6-ab73-b480cb9bce29.pdf?rdr=true

A.J.T. v. Osseo Schools, No. 24-249

https://files.constantcontact.com/45bb5db5401/84a053c4-3166-4a71-8bc3-a2f55be0af15.pdf?rdr=true

U.S. v. Sigala-Baray, 25CR00011 2025 WL 1635266

https://files.constantcontact.com/45bb5db5401/65e5aca4-4bd7-4d0d-a0f5-08d0e67b1bdc.docx?rdr=true

People v. Sotade, 2025 CO 38

https://files.constantcontact.com/45bb5db5401/335b0057-4dda-4ab1-bf8b-d86938cebc1e.pdf?rdr=true

25HB-1275 Forensic Science Integrity bill

https://files.constantcontact.com/45bb5db5401/d7663234-37c1-4baa-9e9e-bfb556523bf4.pdf?rdr=true

23 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/ae6dd3b0-bf38-41d7-9711-86b01fc328eb.pdf?rdr=true

ABA Formal Ethics Opinion 516

https://files.constantcontact.com/45bb5db5401/083563a5-a83d-4cd4-afba-da04624ed644.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

418 episodes

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