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Episode 429 - OADC Weekly Case Law Update

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Manage episode 516982612 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 9/19/2025 and 9/26/2025

Cases:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025); Pro se petition alleging ineffective assistance of counsel for the failure to consult with a DNA expert was not wholly unfounded, and he is entitled to the appointment of counsel and further proceedings as outlined in Crim. P. 35(c)(3)(V).

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025); The record did not support a finding that Burden impliedly waived the district court's statutory obligation to determine the amount of restitution within 91 days of sentencing.

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025); The procedures outlined in Rios-Vargas do not apply when the prosecution intends to call a witness to the stand who intends to invoke the 5th Amendment right to silence in front of the jury.

Ellingburg v. U.S.; whether restitution is punishment for purposes of the ex post facto clause.

Unpublished People v. Orana, 23CA0861 (September 25, 2025) A vehicle's listing as stolen in an unidentified list or database of an unknown agency, by itself, does not establish probable cause to arrest the driver of the vehicle.

Unpublished People v. Dobson, 23CA1211 (September 25, 2025) The district court erroneously denied, without a hearing, Dobson's claim that his trial counsel provided ineffective assistance of counsel by failing to adequately advise him before requesting a lesser included offense instruction and failing to argue to the jury that he was not guilty of the lesser included offense.

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025) The district court erred in rejecting, after a hearing, Olea-Monarez's claim that his plea counsel provided ineffective assistance of counsel by failing to advise him that his duress defense was a loser before he rejected the government's 25-year offer and was sentenced to life plus 30 years after his inevitable loss at trial.

Links:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025)

https://files.constantcontact.com/45bb5db5401/aa3998eb-a1c1-45a4-9755-34b21e493137.pdf?rdr=true

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/3a2b5fd0-4840-4476-9ed2-618bd437eff3.pdf?rdr=true

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/2bcc61ae-37ef-4c06-85f3-d84cd29acd8e.pdf?rdr=true

Angerer Order 9.8.2025

https://files.constantcontact.com/45bb5db5401/d66e944c-dddd-4570-87d5-af18475b1e9a.pdf?rdr=true

Angerer AB

https://files.constantcontact.com/45bb5db5401/dbc92966-db94-40ce-ad2a-1a683fe150a2.pdf?rdr=true

Angerer D. Ct. AB

https://files.constantcontact.com/45bb5db5401/820e6a3d-9f3f-470f-9e01-300ee25ce06b.pdf?rdr=true

Ellingburg v. U.S. PWC Rest. Ex Post Facto

https://files.constantcontact.com/45bb5db5401/835e08e8-44eb-45bf-8913-9d3fd3c7b470.pdf?rdr=true

Ellingburg OB

https://files.constantcontact.com/45bb5db5401/cf29dd17-ff8d-40f1-a510-bd558f4e4920.pdf?rdr=true

Ellingburg amicus brief law prof

https://files.constantcontact.com/45bb5db5401/de3098c2-2204-4355-b1ec-f02fd5a0a264.pdf?rdr=true

Ellingburg Gvt brief in support

https://files.constantcontact.com/45bb5db5401/7dbf1886-f8bc-4fa5-a96e-b6d8d2958826.pdf?rdr=true

Unpublished People v. Orana, 23CA0861 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/6a174bd0-b84c-479f-8415-ea76c9a7dc2e.pdf?rdr=true

Unpublished People v. Dobson, 23CA1211 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/9bedcebe-d1eb-47a4-8505-b046b1f1ed72.pdf?rdr=true

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025)

https://files.constantcontact.com/45bb5db5401/9ea1da48-2110-4a2b-9cf3-f2ded62a778f.pdf?rdr=true

37 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/a2c4986f-2fa8-4116-bda9-5b6f030ad28d.pdf?rdr=true

38 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/dd48ca59-e8c0-4928-ad08-591195c4eb5b.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

431 episodes

Artwork
iconShare
 
Manage episode 516982612 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 9/19/2025 and 9/26/2025

Cases:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025); Pro se petition alleging ineffective assistance of counsel for the failure to consult with a DNA expert was not wholly unfounded, and he is entitled to the appointment of counsel and further proceedings as outlined in Crim. P. 35(c)(3)(V).

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025); The record did not support a finding that Burden impliedly waived the district court's statutory obligation to determine the amount of restitution within 91 days of sentencing.

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025); The procedures outlined in Rios-Vargas do not apply when the prosecution intends to call a witness to the stand who intends to invoke the 5th Amendment right to silence in front of the jury.

Ellingburg v. U.S.; whether restitution is punishment for purposes of the ex post facto clause.

Unpublished People v. Orana, 23CA0861 (September 25, 2025) A vehicle's listing as stolen in an unidentified list or database of an unknown agency, by itself, does not establish probable cause to arrest the driver of the vehicle.

Unpublished People v. Dobson, 23CA1211 (September 25, 2025) The district court erroneously denied, without a hearing, Dobson's claim that his trial counsel provided ineffective assistance of counsel by failing to adequately advise him before requesting a lesser included offense instruction and failing to argue to the jury that he was not guilty of the lesser included offense.

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025) The district court erred in rejecting, after a hearing, Olea-Monarez's claim that his plea counsel provided ineffective assistance of counsel by failing to advise him that his duress defense was a loser before he rejected the government's 25-year offer and was sentenced to life plus 30 years after his inevitable loss at trial.

Links:

UNPUBLISHED People v. Sanders, Jr., 23CA0687 (September 11, 2025)

https://files.constantcontact.com/45bb5db5401/aa3998eb-a1c1-45a4-9755-34b21e493137.pdf?rdr=true

UNPUBLISHED People v. Burden, 23CA0678 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/3a2b5fd0-4840-4476-9ed2-618bd437eff3.pdf?rdr=true

UNPUBLISHED People v. McNeal, 23CA1866 (September 18, 2025)

https://files.constantcontact.com/45bb5db5401/2bcc61ae-37ef-4c06-85f3-d84cd29acd8e.pdf?rdr=true

Angerer Order 9.8.2025

https://files.constantcontact.com/45bb5db5401/d66e944c-dddd-4570-87d5-af18475b1e9a.pdf?rdr=true

Angerer AB

https://files.constantcontact.com/45bb5db5401/dbc92966-db94-40ce-ad2a-1a683fe150a2.pdf?rdr=true

Angerer D. Ct. AB

https://files.constantcontact.com/45bb5db5401/820e6a3d-9f3f-470f-9e01-300ee25ce06b.pdf?rdr=true

Ellingburg v. U.S. PWC Rest. Ex Post Facto

https://files.constantcontact.com/45bb5db5401/835e08e8-44eb-45bf-8913-9d3fd3c7b470.pdf?rdr=true

Ellingburg OB

https://files.constantcontact.com/45bb5db5401/cf29dd17-ff8d-40f1-a510-bd558f4e4920.pdf?rdr=true

Ellingburg amicus brief law prof

https://files.constantcontact.com/45bb5db5401/de3098c2-2204-4355-b1ec-f02fd5a0a264.pdf?rdr=true

Ellingburg Gvt brief in support

https://files.constantcontact.com/45bb5db5401/7dbf1886-f8bc-4fa5-a96e-b6d8d2958826.pdf?rdr=true

Unpublished People v. Orana, 23CA0861 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/6a174bd0-b84c-479f-8415-ea76c9a7dc2e.pdf?rdr=true

Unpublished People v. Dobson, 23CA1211 (September 25, 2025)

https://files.constantcontact.com/45bb5db5401/9bedcebe-d1eb-47a4-8505-b046b1f1ed72.pdf?rdr=true

U.S. v. Olea-Monarez, No. 23-3249 (10th Cir. Sept. 17, 2025)

https://files.constantcontact.com/45bb5db5401/9ea1da48-2110-4a2b-9cf3-f2ded62a778f.pdf?rdr=true

37 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/a2c4986f-2fa8-4116-bda9-5b6f030ad28d.pdf?rdr=true

38 of 2025 Victory Newsletter

https://files.constantcontact.com/45bb5db5401/dd48ca59-e8c0-4928-ad08-591195c4eb5b.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

431 episodes

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