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Episode 419 - OADC Weekly Case Law Update

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Manage episode 499109656 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.

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 jury trial, and the trial is reset, you should redemand a jury trial.

UNPUBLISHED People v. Young, 22CA1247 (June 26, 2025); Before a judge can cut a parent off from contact with their child, the court must make specific findings that (1) compelling circumstances require the condition and (2) less restrictive means are not available.

UNPUBLISHED People v. Rivera, 24CA0415 (June 26, 2025); In a postconviction motion, petitioner alleged that trial counsel failed to sufficiently advise him of his right to testify. The district court denied the claim because a Curtis Advisement had been given. But, the division reversed, finding Rivera sufficiently alleged a challenge to the validity of his waiver of the right to testify.

Links:

People v. Mills, 2025 CO 47

https://files.constantcontact.com/45bb5db5401/d076a6b1-d642-49a3-ac03-9c22994f3079.pdf?rdr=true

People in Interest of Kay W., 2025 CO 48

https://files.constantcontact.com/45bb5db5401/b83dbdfb-0de8-4da6-89ee-64c7051db2a9.pdf?rdr=true

Rule 24 2025 Amendment Final

https://files.constantcontact.com/45bb5db5401/f9f35401-29f9-421a-bf29-66e862ae250e.pdf?rdr=true

This week’s Victory Newsletter

https://files.constantcontact.com/45bb5db5401/528d2258-8c21-4e70-adbf-cf74a7d19aff.pdf?rdr=true

Last Week’s Victory Newsletter

https://files.constantcontact.com/45bb5db5401/925a4d91-d82d-45df-bcf4-f8a22dfac08f.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 499109656 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.

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 jury trial, and the trial is reset, you should redemand a jury trial.

UNPUBLISHED People v. Young, 22CA1247 (June 26, 2025); Before a judge can cut a parent off from contact with their child, the court must make specific findings that (1) compelling circumstances require the condition and (2) less restrictive means are not available.

UNPUBLISHED People v. Rivera, 24CA0415 (June 26, 2025); In a postconviction motion, petitioner alleged that trial counsel failed to sufficiently advise him of his right to testify. The district court denied the claim because a Curtis Advisement had been given. But, the division reversed, finding Rivera sufficiently alleged a challenge to the validity of his waiver of the right to testify.

Links:

People v. Mills, 2025 CO 47

https://files.constantcontact.com/45bb5db5401/d076a6b1-d642-49a3-ac03-9c22994f3079.pdf?rdr=true

People in Interest of Kay W., 2025 CO 48

https://files.constantcontact.com/45bb5db5401/b83dbdfb-0de8-4da6-89ee-64c7051db2a9.pdf?rdr=true

Rule 24 2025 Amendment Final

https://files.constantcontact.com/45bb5db5401/f9f35401-29f9-421a-bf29-66e862ae250e.pdf?rdr=true

This week’s Victory Newsletter

https://files.constantcontact.com/45bb5db5401/528d2258-8c21-4e70-adbf-cf74a7d19aff.pdf?rdr=true

Last Week’s Victory Newsletter

https://files.constantcontact.com/45bb5db5401/925a4d91-d82d-45df-bcf4-f8a22dfac08f.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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