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Episode 417 - OADC Weekly Case Law Update

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Manage episode 493915178 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 6/20/2025

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UNPUBLISHED People v. Henderson, 22CA1121 (June 18, 2025) Where store employees stop a person from successfully taking property in a shoplifting by force scenario, there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 evidence to support imposition of a conviction for the lesser included offense of attempted aggravated robbery, especially where the parties did not intend an all-or-nothing trial strategy.

UNPUBLISHED People v. Phillips, 23CA0864 (June 19, 2025) Reversible plain error occurred because the court’s elemental instruction for failure to register omitted the key element that the jury needed to find that Phillips was required to register.

United States v. Chavarria, No.23-2102 (D.N.M. June 16, 2025) Use of a car inside a single state to commit a crime does not satisfy the federal jurisdictional requirement that the crime effected interstate commerce.

United States v. Tyler, No. 24-6035 (D. OK. June 16, 2025) The police violated Mr. Tyler’s Fourth Amendment Rights by unreasonably prolonging his detention beyond the time when the police completed the arrest of a passenger in his car on a failure to appear warrant.

United States v Maryboy, 2025 WL 1522549 (10th Cir 5.29.2025) There is a fine line between second-degree murder and involuntary manslaughter. Two errors in the trial court may have led a jury to convict Maryboy of second-degree murder instead of the lesser-included offense of involuntary manslaughter. The plain errors of allowing the FBI agent to opine on Maryboy’s mental state and failing to instruct the jury that the government had to disprove imperfect self-defense beyond a reasonable doubt may have led the jury to convict on the former instead of the latter.

State v. Adams, 340 Or. App. 661 (2025) Use of AFTE test to determine whether a bullet came from a specific gun.

Links:

U.S. v. Tyler

https://files.constantcontact.com/45bb5db5401/c7732763-57fc-4e9a-b70d-7afb18da0945.pdf?rdr=true

United States v Chavarria

https://files.constantcontact.com/45bb5db5401/58656f9b-eab1-48ef-a92c-93fd5cc66d4e.docx?rdr=true

United States v Maryboy

https://files.constantcontact.com/45bb5db5401/9f2053e1-6e7e-4676-8317-f1c231cfefc0.docx?rdr=true

24 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/f1e20fd1-9e6b-4606-878f-89b7e1b73d30.pdf?rdr=true

State v Adams (Oregon 2025)

https://files.constantcontact.com/45bb5db5401/d9dafbcd-6805-4755-b028-4a75ac7483ac.docx?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 493915178 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 6/20/2025

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 evidence to support imposition of a conviction for the lesser included offense of attempted aggravated robbery, especially where the parties did not intend an all-or-nothing trial strategy.

UNPUBLISHED People v. Phillips, 23CA0864 (June 19, 2025) Reversible plain error occurred because the court’s elemental instruction for failure to register omitted the key element that the jury needed to find that Phillips was required to register.

United States v. Chavarria, No.23-2102 (D.N.M. June 16, 2025) Use of a car inside a single state to commit a crime does not satisfy the federal jurisdictional requirement that the crime effected interstate commerce.

United States v. Tyler, No. 24-6035 (D. OK. June 16, 2025) The police violated Mr. Tyler’s Fourth Amendment Rights by unreasonably prolonging his detention beyond the time when the police completed the arrest of a passenger in his car on a failure to appear warrant.

United States v Maryboy, 2025 WL 1522549 (10th Cir 5.29.2025) There is a fine line between second-degree murder and involuntary manslaughter. Two errors in the trial court may have led a jury to convict Maryboy of second-degree murder instead of the lesser-included offense of involuntary manslaughter. The plain errors of allowing the FBI agent to opine on Maryboy’s mental state and failing to instruct the jury that the government had to disprove imperfect self-defense beyond a reasonable doubt may have led the jury to convict on the former instead of the latter.

State v. Adams, 340 Or. App. 661 (2025) Use of AFTE test to determine whether a bullet came from a specific gun.

Links:

U.S. v. Tyler

https://files.constantcontact.com/45bb5db5401/c7732763-57fc-4e9a-b70d-7afb18da0945.pdf?rdr=true

United States v Chavarria

https://files.constantcontact.com/45bb5db5401/58656f9b-eab1-48ef-a92c-93fd5cc66d4e.docx?rdr=true

United States v Maryboy

https://files.constantcontact.com/45bb5db5401/9f2053e1-6e7e-4676-8317-f1c231cfefc0.docx?rdr=true

24 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/f1e20fd1-9e6b-4606-878f-89b7e1b73d30.pdf?rdr=true

State v Adams (Oregon 2025)

https://files.constantcontact.com/45bb5db5401/d9dafbcd-6805-4755-b028-4a75ac7483ac.docx?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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