Episode 421 - OADC Weekly Case Law Update OADC Weekly Case Law Update podcast

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Episode 421 - OADC Weekly Case Law Update

7d ago 14:30

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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UNPUBLISHED People v. Merriweather, 22CA2203 (July 17, 2025); Change in sentence from concurrent to consecutive after sentence commenced was an illegal increase in sentence and trial court erred when it denied defendant’s 35(a) motion.

Hewitt v. United States, No. 23-1002 (June 26, 2025); Federal First Step Act (FSA) applies only if a sentence has not already been imposed before the enactment of the FSA.

Perttu v. Richards 23-1324 (June 18, 2025); Parties are entitled to a jury trial on the issue of exhaustion of remedies under the Prison Litigation Reform Act (PLRA) when that issue is intertwined with the merits of a claim that requires a jury trial under the Seventh Amendment.

Gutierrez v. Saenz, No. 23-7809 (June 26, 2025); A state prisoner has standing to bring a due process claim against the custodian of his evidence when the custodian wrongfully withholds access to the evidence for postconviction testing.

Riley v. Bondi, No. 23-1270 (June 26, 2025); Time limit for filing for judicial review of a Board of Immigration Appeals decision.

Black v. Tennessee, No. 24-6586 (June 30, 2025); In a statement respecting the denial of certiorari review, Justice Sotomayor outlines the Due Process challenges to Tennessee’s requirement that the prosecution prove (not disprove) heat of passion/provocation for a defendant to be convicted of the lesser included offense of manslaughter.

Links:

DYS Order: https://files.constantcontact.com/45bb5db5401/9d118bce-e1e0-416a-9461-3a0d7e2dbc1f.pdf?rdr=true

People v. Valles, 2025COA67 (July 17, 2025)

https://files.constantcontact.com/45bb5db5401/b0a72854-d925-45b3-a314-a5c194e1c05d.pdf?rdr=true

UNPUBLISHED People v. Merriweather, 22CA2203

https://files.constantcontact.com/45bb5db5401/2a04ce8c-1972-4a9c-b8a1-1e46efdf89c3.pdf?rdr=true

UNPUBLISHED People v. Montoya, 23CA0629

https://files.constantcontact.com/45bb5db5401/0373bd63-7e02-4573-98ec-b983038070cf.pdf?rdr=true

Rory Little’s round up: https://www.scotusblog.com/2025/07/the-criminal-side-of-the-docket-is-not-what-you-think/

All SCOTUS case materials and opinions are available at https://www.scotusblog.com/case-files/

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

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