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OADC Weekly Case Law Update

Office of the Alternate Defense Counsel

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This weekly podcast is intended for criminal defense teams and covers relevant case law updates, interesting tidbits, and information about the Office of the Alternate Defense Counsel in Denver, Colorado.
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The Trial Lawyers College Podcast talks to leading attorneys, TLC board members, and faculty about the ideas and the issues that are affecting trial lawyers today. The TLC podcast covers courtroom strategy, communicating with jurors, connecting with clients, methods that drive success, balancing healthy relationships with a busy practice and more.
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Your Best Defense Podcast

Jacquelyn Ford Law LLC

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Monthly
 
Your Best Defense Podcast is hosted by Oklahoma City Criminal Defense Attorney Jacquelyn Ford. Your best defense is a good offense. Jacqui Ford, not afraid of a fight and always fighting for what is right! Find out more at fordlawokc.com or call 405-604-3200.
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Legal Rights Radio (LRR)

David Zwanetz & The Law Firm of Shapiro Zwanetz & Associates (SZA). Maryland’s Premier Criminal Defense & Personal Injury Law Firm.

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Legal Rights Radio is a Podcast focusing on all things cops and robbers and Criminal law. From, “when the police search me?” to “I was not read my rights,” LRR is a weekly show, by David Zwanetz, discussing the ins and outs of the morbidly curious area of Criminal Law in Maryland with, of course, a Defense oriented spin.
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Your resource for answers to your most pressing legal questions. Attorney Bill Powers sits down with some of today’s leading legal minds to discuss everything from legal issues and legislation to practice tips and policy. Law Talk is a legal podcast presented by North Carolina Attorney Bill Powers. For more information about Bill Powers: https://www.carolinaattorneys.com/bill-powers.html Divorce in Charlotte: Charlotte-Divorce-Lawyer.com DWI and Criminal Defense: CarolinaAttorneys.com
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Patricia Anderson, a 7 stepper graduate of TLC, details her experiences with avoiding burnout by having fun, unplugging, and keeping things simple in her off time. Patricia shares personal strategies for taking care of oneself, having fun, and avoiding burnout—all while staying authentic. From cultivating hobbies to talking to tomato plants and chi…
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This podcast covers case summaries distributed on 9/13/2024. Cases and Keywords with timestamps: (01:52) People v. Gregg 23CR289 (Mesa County September 9, 2024); Jury must determine validity of habitual criminal counts. (04:10) People v. Romero, 2024 CO 62 (September 9, 2024); Batson challenge not sustained where prosecutor struck juror for appeari…
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Mike Watson, first joining TLC in 2019, discusses the critical importance of building deep connections with clients in legal practice. In this episode, he emphasizes the necessity of comprehensive communication—knowing the worst and best scenarios—ensuring there are no surprises in court. Mike shares insights on the meticulous process of discoverin…
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This podcast covers case summaries distributed on 9/6/2024. Cases and Keywords with timestamps: (01:32) Azar v. Ngo, 24COA99 & 24COA100 (September 5, 2024); CRPC 5.6(a) (02:15) UNPUBLISHED People v. Martinez, 23CA2198 (August 29); Internet luring of a child requires use of explicit sexual language. (04:18) UNPUBLISHED People v. T.B., 22CA1028 (Sept…
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Join Mike Smith, a 2019 TLC Graduate and recent addition to the faculty in 2023, as he unpacks the lessons from a recent workshop on a medical malpractice case. In this episode, Mike emphasizes the critical importance of forging connections—not just between attorneys and their clients but also between the jury and the client's story. He shares a po…
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This podcast covers case summaries distributed on 8/30/2024. Cases and Keywords with timestamps: (01:42) People v. Gillespie, 2024COA98 (August 29, 2024); Sufficiency of evidence for knowingly killing dog, Suppression of evidence. (05:36) UNPUBLISHED People v. Dalton, 23CA0750 (August 8, 2024); Error when IAC claim was denied without evidentiary he…
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This podcast covers case summaries distributed on 8/16/2024 and 8/23/2024. Cases and Keywords with timestamps: (02:22) People v. Garcia, 2024COA91 (August 15, 2024); By not objecting before the trial, defendant waived any claim that the judge needed to disqualify herself under §13-1-122. (04:22) Solano v. Newman, 2024COA93 August 15, 2024); DA’s ob…
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This podcast covers case summaries distributed on 8/2/2024 and 8/9/2024. Cases and Keywords with timestamps: (02:35) People v. Plotner, 2024COA77 (August 1, 2024); CRS 18-3-203(1)(f) requires the trial court to impose the assault sentence to run consecutively to all components of that single controlling sentence. (05:10) Marriage of Matheny, 2024CO…
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Carlos Concepcion, a law professor in Puerto Rico, dives deep into an innovative exercise for mastering closing arguments. He discusses a compelling piece of video evidence showing an encounter between a man and a woman, which is rich with facts supporting arguments from both sides. The exercise involves pausing the video to identify which facts bo…
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This podcast covers case summaries distributed on 7/26/2024. Cases and Keywords with timestamps: (00:56) UNPUBLISHED People v. Chavira, 23CA0389 (July 25, 2024); Sentencing court committed Blakely error for exceeding presumptive range. (04:46) United States v. Venjohn, No. 23-8028 (June 12, 2024); Colorado conviction for felony menacing cannot be u…
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Join Ron Estefan, a dedicated TLC graduate and faculty member since 2005, as he shares valuable insights from the latest TLC events. Ron discusses the recent gatherings in Houston, and the challenges and experiences from the latest event in Las Vegas, New Mexico, including unexpected weather issues. He emphasizes the significance of TLC's home base…
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This podcast covers case summaries distributed on 7/19/2024. Cases and Keywords with timestamps: (02:29) Grants Pass v. Johnson, No. 23-175 (June 28, 2024); Enforcement of generally applicable laws regulating camping on public property. (06:14) Erlinger v. United States, No. 23-370 (June 21, 2024); The Armed Career Criminal Act (ACCA) requires mand…
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This podcast covers case summaries distributed on 7/13/2024. Cases and Keywords with timestamps: (06:42) Clark v. People, 2024 CO 55 (July 1, 2024); Trial judge failed to strike a juror for cause for racially biased statements, Extraneous prejudicial information under CRE 606(b) did not include juror’s statement that a judge required a unanimous de…
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This week Elizabeth Kelley talks with her guest, Stephen Cobb. The two discuss the relevance and power of neuroimaging in the courtroom, as well as what the process entails and produces. In this episode, they discuss: What is neuroimaging and why criminal defense lawyers should pursue it An explanation of SPECT and FMRI Intriguing examples showing …
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This podcast covers case summaries distributed on 6/28/2024. Cases and Keywords with timestamps: (03:12) Martinez v. People, 2024 CO 48 (June 24, 2024); The “force-against-intruders” defense is an element-negating traverse for crimes of negligence and recklessness. (06:30) People v. Cerda, 2024 CO 49 (June 24, 2024); Despite clear and repeated viol…
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This podcast covers case summaries distributed on 6/21/2024. Cases and Keywords with timestamps: (02:48) People v. Howell, 2024 CO 42 (June 17, 2024); Definition of dwelling for immunity under the force-against-intruders statute, CRS §18-1-704.5. (05:34) Connors v. Connors, 2024 CO 44 (June 17, 2024); Service by email is inadequate for an indirect …
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This week, Elizabeth Kelley talks with her guest, Dr. Elliot Atkins. Dr. Atkins is the author of the chapter entitled “Working with the Expert: From the Perspective of Experts” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association. In this episode, Dr. Atkins and Eliz…
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This podcast covers case summaries distributed on 6/14/2024. Cases and Keywords with timestamps: (02:00) People v. Crabtree, 2024 CO 40 (June 10, 2024); Analysis of Colorado’s Rule 52(b), error analysis. (15:58) People v. Garcia, 2024 CO 41 (June 10, 2024); Judge must recuse if involved in any way in defendant’s case as an attorney (prosecution or …
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In this revealing episode, Tim Semmerling, a participant at the 2010 Defense of the Damned event, discusses his latest book, 'My Enemy, My Defender.' Tim shares his extraordinary experiences at the 9/11 War Court, where he defended clients under the most challenging conditions, exploring themes of morality, betrayal, and the human side of legal bat…
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This podcast covers case summaries distributed on 6/7/2024. Cases and Keywords with timestamps: (02:02) In re. People v. Honstein, 2024 CO 34 (June 3, 2024); Calling prosecutor as witness. (05:54) People v. Johnson, 2024 CO 35 (June 3, 2024); Batson challenges (17:21) People v. Austin, 2024 CO 36 (June 3, 2024); Companion case to People v. Johnson …
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This podcast covers case summaries distributed on 5/31/2024. Cases and Keywords with timestamps: (01:56) People v. Johnson, 2024 CO 32 (May 28, 2024); Sufficiency of the evidence for Enticement of a Child. (07:02) Sanders v. People, 2024 CO 33 (May 28, 2024); Recusal of judge for bias. (13:32) People v. Warren, 2024COA60 (May 30, 2024); Exception f…
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This podcast covers case summaries distributed on 5/24/2024. Cases and Keywords with timestamps: (02:24) Riggs Oil v. Jonah Energy, 2024COA57 (May 23, 2024); Excusable neglect. (05:52) UNPUBLISHED People v. Taylor, 22CA0515 (May 23, 2024): Defendant is allowed to testify about alibi even if alibi defense has not been endorsed. (08:38) UNPUBLISHED P…
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In this episode, Elizabeth Kelley interviews Criminal Defense Lawyer Marcia G. Shein. The two discuss essential components of good mental health evaluations, how an attorney can be particularly sensitive to red flags, and practical aspects for newer attorneys in cases such as these. Attorney Shein is the author of the chapter entitled “Mitigation” …
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John Sloan, President of the Trial Lawyers College, recounts his recent victory in a Taos County trial in New Mexico, where he secured a $15 million verdict. In this episode, John shares the compelling narrative he presented to the jury that led to this significant win. Register for a TLC event! https://triallawyerscollege.org/trial-skills-courses#…
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This podcast covers case summaries distributed on 5/17/2024. Cases and Keywords with timestamps: (01:58) People v. Sloan, 2024COA52 (May 16, 2024); Problems with live streaming doesn’t automatically constitute a closure of the courtroom, Inaccurate jury instructions for vehicular eluding resulting in death. (05:38) People v. Herold, 2024COA53 (May …
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Mike Smith, Mike Watson, and Minerva Steele join us to celebrate and share their recent $5.25 million verdict. They honed their strategy for this case at a recent Trial Lawyers College event in Tulsa, where they collaboratively workshopped the details and refined their approach. Register for a TLC event! https://triallawyerscollege.org/trial-skills…
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This podcast covers case summaries distributed on 5/10/2024. Cases and Keywords with timestamps: (01:50) Whiteaker v. People, 2024 CO 25 (May 6, 2024); First degree criminal trespass is a lesser included of second degree burglary, Multiplicitous convictions require automatic reversal and merger into a single conviction. (06:31) Washington v. People…
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This podcast covers case summaries distributed on 5/3/2024. Cases and Keywords with timestamps: (01:40) People v. Miller, 2024COA45 (May 2, 2024); Prosecutor bolstering victim’s credibility, Phone calls do not need to be answered by the victim to constitute evidence of contact for purpose of violation of protection order, Evidentiary issues for fir…
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Lydia Hanson, fresh from her inaugural experience at a Trial Lawyers College event, shares how the encounter profoundly transformed both her legal practice and personal life. Lydia delves into the unique aspects of the event, from sharing a room with a fellow attendee to engaging deeply in psychodrama techniques, and participating in intensive, top…
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This podcast covers case summaries distributed on 4/30/2024. Cases and Keywords with timestamps: (01:30) People v. Shannon, 2024COA41 (April 25, 2024); Jury access to pretext phone call recordings, No requirement to hold Shreck hearing before admitting prosecution’s cold expert witness, Equal Protection. (06:20) Woodall v. Godfrey, 2024COA42 (April…
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In this enlightening episode, we welcome Austin Kaplan, a dedicated employment and civil rights attorney based in Austin, TX, and a long-time listener, first-time caller to our podcast. Austin discusses his work spanning breach of contract, overtime violations, and civil rights cases. He shares his journey of learning and gathering insights from th…
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This podcast covers case summaries distributed on 4/23/2024. Cases and Keywords with timestamps: (02:15) People v. Montoya, 2024COA37 (April 18, 2024); Courtroom closure due to COVID-19, Sufficient evidence to support conviction for failure to leave premises. (06:55) People v. Burdette, 2024COA38 (April 18, 2024); Time bar for challenge to convicti…
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Join us as Hilary Hammell, a dedicated plaintiff-side employment lawyer and two-time attendee of the Trial Skills Foundation, shares her compelling journey into employment law. Starting with her early experiences working alongside laborers in Yakima, Washington, Hilary delves into the profound impact of advocating for workers' rights. She explores …
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This podcast covers case summaries distributed on 4/16/2023. Cases and Keywords with timestamps: (01:28) People v. Montoya, 24CO20, 22SC580 (April 15, 2024); Definition of refusal in criminal DUI trials, Rule 106. (04:20) People v. Martinez, 22CA0667 (April 11, 2024); Conviction on uncharged special interrogatory when defendant knew of the facts of…
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Michael Bristow recounts his recent journey at a Trial Lawyers College event in Tulsa, OK, illuminating the profound impact of storytelling through music and sound. He reflects on the emotional resonance and universal connection these elements foster, underscoring their ability to unite us all. Register for a TLC event! https://triallawyerscollege.…
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This podcast covers case summaries distributed on 4/9/2023. Cases and Keywords with timestamps: (01:56) People v. Bohler, 2024 CO 18 (April 8, 2024); Suppression of pre-arrest statements incorrect because defendant was not in custody for Miranda purposes. (07:59) People v. Vega-Dominguez, 2024COA32 (April 4, 2024); The crime of attempted patronizin…
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Dustin Collier, a recent participant in a Trial Skills event, shares insights from his inaugural experience at the Trial Lawyers College, contrasting it with previous Continuing Legal Education (CLE) events he’s attended. He delves into the distinctive focus on connection, storytelling, and the emphasis on humanity that sets TLC’s events and course…
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This podcast covers case summaries distributed on 4/2/2023. Cases and Keywords with timestamps: (02:36) UNPUBLISHED People v. Pierson, 22CA1052 (March 14, 2024); Trial counsel was deficient for not consulting an expert, Confabulation, Packaging, Scapegoating. (06:20) UNPUBLISHED People v. Trujillo, 22CA1532 (March 14, 2024); The anti-subrogation ru…
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This week Elizabeth Kelley talks with her guest, Professor Lucy Guarnera. The two discuss when a criminal defense lawyer should consider criminal responsibility as a defense, resources for finding mental health experts, and critical components of a thorough forensic evaluation. In this episode, we discuss: When a criminal defense lawyer should cons…
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This podcast covers case summaries distributed on 3/26/2023. Cases and Keywords with timestamps: (01:09) People v. Maes, 2024 CO 15 (March 25, 2024); Magistrate’s finding of probable cause after a preliminary hearing is a “final order or judgment” under the Colorado Rules for Magistrates and is, therefore, reviewable by a district court. The time f…
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This podcast covers case summaries distributed on 3/19/2023. Cases and Keywords with timestamps: (01:18) People v. Lopez, 2024COA26 (March 14, 2024); Expert testimony about coaching of child witnesses, Jury deliberation issues, Administering the oath to a child witness. (08:52) People v. Hood, 2024COA27 (March 14, 2024); Error in excluding certain …
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This week Elizabeth Kelley talks with her guest, Dr. Eric Drogin, the author of the first chapter in the second edition of her book, ‘Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers.’ The two discuss clarification on the subject of competency and its importance, what to look for in the right mental healt…
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This podcast covers case summaries distributed on 3/12/2023. Cases and Keywords with timestamps: (01:24) Godinez v. Williams, 2024 CO 14 (March 11, 2024); SOLSA (1) permits the parole board to consider maturity and (2) requires consideration of rehabilitation when deciding whether to release a juvenile convicted as an adult who is serving an indete…
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This podcast covers case summaries distributed on 3/5/2023. Cases and Keywords with timestamps: (01:16) People v. Kirby, 2024COA20 (February 29, 2024); Speedy Trial, Reckless manslaughter and careless driving resulting in death are lesser included offenses of reckless vehicular homicide, Sentencing issues. (07:16) People v. Melendez, 2024COA21 (Feb…
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2011 TLC graduate and faculty member since 2019, Carson Runge, discusses burnout and frequent paranoia with opposing council after long periods of practicing law. Carson explains how fighting insurance companies and changes with courtroom procedures since COVID have made the last 4 years some of the most difficult of his life. Further, Carson elabo…
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This podcast covers case summaries distributed on 2/27/2023. Cases and Keywords with timestamps: (01:50) McElrath v. Georgia No. 22-721 (February 21, 2024); NGRI is an acquittal under the Federal Double Jeopardy clause, even when inconsistent to another jury verdict. (06:34) People v. Brassill, 2024COA19 (February 22, 2024); Prosecutors are respons…
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