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Episode 426 - OADC Weekly Case Law Update

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Manage episode 508629242 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 8/22/2025

Cases:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025) The trial court violated Mares statutory right to a speedy trial by setting his trial beyond the 6 month deadline. The trial court mistakenly relied on the COVID exception to the speedy trial provision long after it had lapsed. Further, it’s post hoc rationalization that the delay was attributable to the defense was unsupported by the record.

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025) The trial court erred by summarily denying Kosak’s deregistration petition simply because the judge thought Kosak was “smirking” during the victim’s statement.

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025) The district court imposed an illegal sentence when it ordered a defendant to pay restitution for drug-buy money given by a police officer in a sting operation.

Links:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/416c2529-8513-4f1d-9a22-f8f9ba63c4da.pdf?rdr=true

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/b3a6e616-f139-47a1-9795-5527d11ebf62.pdf?rdr=true

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/38289cfb-0c94-43f8-9f28-895a20cb6b76.pdf?rdr=true

33 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/4464c9e4-1d69-4669-9628-ae82fe2dffbe.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions.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

428 episodes

Artwork
iconShare
 
Manage episode 508629242 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 8/22/2025

Cases:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025) The trial court violated Mares statutory right to a speedy trial by setting his trial beyond the 6 month deadline. The trial court mistakenly relied on the COVID exception to the speedy trial provision long after it had lapsed. Further, it’s post hoc rationalization that the delay was attributable to the defense was unsupported by the record.

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025) The trial court erred by summarily denying Kosak’s deregistration petition simply because the judge thought Kosak was “smirking” during the victim’s statement.

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025) The district court imposed an illegal sentence when it ordered a defendant to pay restitution for drug-buy money given by a police officer in a sting operation.

Links:

UNPUBLISHED People v. Mares, 23CA1003 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/416c2529-8513-4f1d-9a22-f8f9ba63c4da.pdf?rdr=true

UNPUBLISHED People v. Kosak, 24CA0178 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/b3a6e616-f139-47a1-9795-5527d11ebf62.pdf?rdr=true

UNPUBLISHED People in Interest of J.O., 24CA0297 (August 21, 2025)

https://files.constantcontact.com/45bb5db5401/38289cfb-0c94-43f8-9f28-895a20cb6b76.pdf?rdr=true

33 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/4464c9e4-1d69-4669-9628-ae82fe2dffbe.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

428 episodes

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