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Episode 425 - OADC Weekly Case Law Update

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Manage episode 507364893 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 8/15/2025

Cases:

UNPUBLISHED People v. McRae, 23CA0012 (August 14, 2025); The district court erred by denying McCrae's motion to suppress the drugs seized from the backpack in his car because the officers unconstitutionally prolonged the stop by detouring away from investigating the traffic violation without reasonable suspicion that he possessed drugs.

People v. Chronis, 2025COA72 (August 14, 2025); The district court denied Chronis’s petition to deregister due to a juvenile adjudication for unlawful sexual behavior that was expunged in 1995. The division reversed this order because it was unclear whether the lower court followed the procedure required by the 1995 expungement statute before considering whether the adjudication precluded deregistration. They also concluded that a lifetime registration requirement, because of a prior juvenile conviction in addition to an adult conviction, does not constitute punishment for purposes of the Eighth Amendment. Therefore, its retroactive application does not implicate the Ex Post Facto Clause.

Links:

People v. Chronis,

https://files.constantcontact.com/45bb5db5401/177ae75b-0d2b-4d5b-ae47-db42869a62b8.pdf?rdr=true

People v. McCrae

https://files.constantcontact.com/45bb5db5401/135818bb-67b8-4261-b417-4af4bc3aadb7.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published.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

427 episodes

Artwork
iconShare
 
Manage episode 507364893 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 8/15/2025

Cases:

UNPUBLISHED People v. McRae, 23CA0012 (August 14, 2025); The district court erred by denying McCrae's motion to suppress the drugs seized from the backpack in his car because the officers unconstitutionally prolonged the stop by detouring away from investigating the traffic violation without reasonable suspicion that he possessed drugs.

People v. Chronis, 2025COA72 (August 14, 2025); The district court denied Chronis’s petition to deregister due to a juvenile adjudication for unlawful sexual behavior that was expunged in 1995. The division reversed this order because it was unclear whether the lower court followed the procedure required by the 1995 expungement statute before considering whether the adjudication precluded deregistration. They also concluded that a lifetime registration requirement, because of a prior juvenile conviction in addition to an adult conviction, does not constitute punishment for purposes of the Eighth Amendment. Therefore, its retroactive application does not implicate the Ex Post Facto Clause.

Links:

People v. Chronis,

https://files.constantcontact.com/45bb5db5401/177ae75b-0d2b-4d5b-ae47-db42869a62b8.pdf?rdr=true

People v. McCrae

https://files.constantcontact.com/45bb5db5401/135818bb-67b8-4261-b417-4af4bc3aadb7.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

427 episodes

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