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…

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 …

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 …

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 …

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…

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 (05:52) UNPUBLISHED People v. Taylor, 22CA0515 (May 23, 2024): Defendant is allowed to testify about alibi even if alibi defense has not been endorsed. (08:38) UNPUBLISHED P…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

This podcast covers case summaries distributed on 2/20/2023. Cases and Keywords with timestamps: (02:10) People v. Owens, 2024 CO 10 (February 20, 2024); Batson challenges, Voir dire on racial issues, Evidence admitted under CRE 404(b) and CRE 401–403, Denial of mistrial motions, impeachment of witnesses, cumulative error. (20:29) People v. Wade, 2…

This podcast covers case summaries distributed on 2/13/2023. Cases and Keywords with timestamps: (01:40) People v. Torrez, 2024COA11 (February 8, 2024); Judge’s failure to administer the empaneled jurors’ oath, Merger of multiple convictions. (07:54) UNPUBLISHED People v. Melendez, 20CA1677 (February 8, 2024); Summary data provided by CVCB is insuf…

This podcast covers case summaries distributed on 2/7/2023. Cases and Keywords with timestamps: (01:23) Martinez v. People, 2024 CO 6 (February 5, 2024); Proximate cause of damage for purposes of restitution, Standard of review for sufficiency of the evidence challenges. (12:52) UNPUBLISHED People v. Rogers, 20CA1843 (January 25, 2024) (prior opini…

This podcast covers case summaries distributed on 1/30/2024. Cases and Keywords with timestamps: (02:16) People v. Porter, 2023SA299 (January 25, 2024); Prosecutor must certify in the Notice of Appeal that suppressed evidence was a substantial part of the proof of the charge pending against the defendant. (03:16) People v. Roper, 2024COA9 (January …

This podcast covers case summaries distributed on 1/24/2023. Cases and Keywords with timestamps: (01:30) People v. Smith, 2024 CO 3 (January 22, 2024); Pro Se postconviction petition issues can be abandoned without the client’s consent by not affirmatively stating an intent to not abandon the claims. (05:20) People v. Fregosi, 2024COA6 (January 18,…

This podcast covers case summaries distributed on 1/17/2023. Cases and Keywords with timestamps: (02:20) Commonwealth v. Mattis, --- N.E.3d ----, 2024 WL 118188 (2024); The Massachusetts Supreme Court establishes that a life without parole sentence for people between the ages of 18 and 20 violates the cruel and unusual punishment clause of the Mass…

This podcast covers case summaries distributed on 1/9/2023. Cases and Keywords with timestamps: (01:08) People v. Young, 2024COA1 (January 4, 2024); Voluntariness of sobriety test during DUI stop, COVID pandemic cessation of breath tests for DUI testing. (05:05) State v. Dorff, 526 P.3d 988 (Idaho 2023), cert. denied, 144 S. Ct. 249 (2023); Dog sni…

This podcast covers case summaries distributed on 1/2/2024. Cases and Keywords with timestamps: (02:41) People v. Gonzalez-Quezada, 2023COA124 (December 28, 2023); Heat of Passion mitigator for second degree murder, Witness testimony when Fifth Amendment may be invoked, Confrontation Clause and CRE 403, Expelled juror from Webex during trial was no…

This podcast covers case summaries distributed on 12/26/2023. Cases and Keywords with timestamps: (02:38) People v. Shockey, 2023COA121 (December 21, 2023); Complicity liability, Jury instructions, Inconsistent verdicts, Double jeopardy. (07:46) People v. Duncan, 2023COA122 (December 21, 2023); The word “protracted” in the definition of serious bod…

This podcast covers case summaries distributed on 12/19/2023. Cases and Keywords with timestamps: (02:20) People v. Sanders, 2023 CO 62 (December 18, 2023); Government must raise all issues in interlocutory appeal. (04:00) People v. Gemelli, 2023COA119 (December 14, 2023); Defendant can be made to choose between appointed counsel and a continuance …

This podcast covers case summaries distributed on 12/13/2023. Cases and Keywords with timestamps: (01:36) In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16. (16:06) People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental …

This podcast covers case summaries distributed on 12/6/2023. Cases and Keywords with timestamps: (02:25) People v. Poot-Baca, 2023COA112 (November 30, 2023); Possession and use of financial instrument are not the same offense, identification of perpetrator. (09:39) People v. Cooper, 2023COA113 (November 30, 2023); Res Gestae bar not retroactive. (1…

This podcast covers case summaries distributed on 11/28/2023. Cases and Keywords with timestamps: (01:00) People v. Mion, 2023COA110 (November 22, 2023); Involuntary intoxication instruction when some intoxicants were voluntarily ingested and others were not. Links: People v. Mion, 2023COA110 https://files.constantcontact.com/45bb5db5401/dca66cdc-9…

This podcast covers case summaries distributed on 11/21/2023. Cases and Keywords with timestamps: (02:01) UNPUBLISHED People v. Ellis, 20CA2027 (November 9, 2023); The trial court reversibly erred by allowing the prosecutor to elicit Ellis’s mother’s hearsay statements in violation of his Confrontation Clause rights. (05:12) UNPUBLISHED People v. H…

This podcast covers case summaries distributed on 11/15/2023. Cases and Keywords with timestamps: (02:24) People v. Jones, 2023COA104; Self-defense jury instruction, Force against intruder jury instruction, Admission of victim’s hearsay statements. (07:51) People v. Munoz-Diaz, 2023COA105; Police promise not to extradite was not a coercive promise …

This podcast covers case summaries distributed on 11/7/2023. Cases and Keywords with timestamps: (01:44) People v. Bice, 2023COA98 (October 26, 2023); Conspiracy to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a specified amount of a controlled substance remains a DF(1) under s…

This podcast covers case summaries distributed on 10/31/2023. Cases and Keywords with timestamps: (01:18) UNPUBLISHED People v. C.E.G., 21CA0250 (October 5, 2023); Suvi Miller’s testimony impermissibly bolstered the victim’s credibility when she answered the prosecutors questions about C.M.’s specific disclosures by opining on C.M.’s behavior. (06:…

This podcast covers case summaries distributed on 10/24/2023. Cases and Keywords with timestamps: (01:46) People v. Walthour, 2023 CO 55; County Court’s authority to suppress evidence. (7:48) People v. Price, 2023COA96; McDonald standard in COCCA cases not retroactive, Merger, Patronizing has substantially different conduct than pimping, sufficienc…

This podcast covers case summaries distributed on 10/17/2023. Cases and Keywords with timestamps: (01:46) People v. Seymour 2023 CO 53; Good Faith exception to allow evidence obtained through Google reverse keyword search. (18:44) People v. McPherson, 20CA0506; Evidence required to establish SBI, SBI requires substantial risk of protracted impairme…

This podcast covers case summaries distributed on 10/10/2023. Cases and Keywords with timestamps: (01:34) People v. Hollis, 2023COA91; “Buy money” does not qualify for a victim’s pecuniary loss under the restitution statute and is not an extraordinary prosecution cost. (03:12) People v. Mortenson, 2023COA92; Robbery requires evidence of a “taking” …

This podcast covers case summaries distributed on 10/4/2023. Cases and Keywords with timestamps: (02:08) People v. Caswell, 2023 CO 50; Second or subsequent charge of animal cruelty escalates charge from class 1 misdemeanor to class 6 felony, Determination of previous offenses is a sentence enhancer and not an element that must be proven to a jury.…

This podcast covers case summaries distributed on 9/26/2023. Cases and Keywords with timestamps: (02:20) People v. Schnorenberg, 2023COA82; Testimony regarding advice from counsel can be admitted to show state of mind in securities fraud prosecutions, Statutory tolling for counts before 2013, Admissibility of expert testimony from securities fraud …

This podcast covers case summaries distributed on 9/19/2023. Cases and Keywords with timestamps: (01:37) People v. Bastein, 22CA0959; CORRECTION – Denial of 35(a) motion for illegal increase of sentence under COV provision. (05:20) People v. Bastein, 22CA0959; Speedy trial of joined cases, use of a pole camera and expectation of privacy, COCCA conv…

This podcast covers case summaries distributed on 9/12/2023. Cases and Keywords with timestamps: (01:09) Medina v. People, 2023 CO 46; Basis of factual guilt for Alford Plea. (06:30) H.J.B., v. People in Interest of A-J.A.B., 2023 CO 48; Due diligence required to determine if child is of Indian ancestry in D&N proceedings. (09:32) Cert grants and R…

This podcast covers case summaries distributed on 8/29/2023 and 9/5/23. Cases and Keywords with timestamps: (02:12) People v. Bonde, 2023COA75; Presentence Confinement Credit calculation for non-residential time. (04:22) People v. Smith, 19CA1788; Duress Affirmative Defense Instruction, Prosecutor’s use of post-Miranda silence as proof of guilt, Pr…

This podcast covers case summaries distributed on 8/22/2023. Cases and Keywords with timestamps: (00:46) People v. Lee, 21CA0285; IAC for failure to ask for plea agreement. Contact Shawndell Irving here: Shawndell Irving Music by Scott Holmes. Used under a Creative Commons license. Download today’s music at: http://freemusicarchive.org/…

This podcast covers case summaries distributed on 8/15/2023. Cases and Keywords with timestamps: (01:08) People v. Clutts, 21CA1342; Choice of Evils Defense. (07:38) People v. Ruffin, 21CA1675; Intelligent and Knowing waiver of counsel. Contact Shawndell Irving here: Shawndell Irving Music by Scott Holmes. Used under a Creative Commons license. Dow…

This podcast covers case summaries distributed on 8/9/2023. Cases: (01:39) People v. Greggs, 21CA1255; IAC sentencing counsel for inadequate mitigation at sentencing hearing. (10:32) People v. Bastein, 22CA0959; Illegal sentence where offense is not per se COV and no separate COV count was filed for the charge. (14:38) People v. Collier, 22CA0837; …

This podcast covers case summaries distributed on 8/1/2023. Cases and Keywords with timestamps: (00:48) Henderson v. Thompson, 518 P.3d 1011, 1016–17 (Wash. 2022), cert. denied, 143 S. Ct. 2412 (2023); racial bias. (03:54) Lombardo v. Missouri, No. 22-510 (June 30, 2023), cert. denied; Violation of Constitutional rights due to death in custody. (06…

This podcast covers case summaries distributed on 7/25/2023. Cases and Keywords with timestamps: (02:44) People v. Roberson, 2023COA70; Requirement for restitution order within 91 days not waived by defendant. (07:20) People v. Campbell, 21CA1911; Abbreviated proportionality review available to defendant because conviction as not final when Wells-Y…

This podcast covers case summaries distributed on 7/15/2023. Cases and Keywords with timestamps: (01:46) People in Interest of Uwayezuk, 2023COA69; IAC claims on direct appeal from involuntary medication proceedings. (07:49) Dodge v. Padilla, 2023COA67; Colorado Governmental Immunity Act (CGIA). (08:40) People v. Clark, 19CA1570; Error in Expert te…