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Episode 328 - OADC Weekly Case Law Update

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Manage episode 376468001 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://player.fm/legal.

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, Prosecutor’s misconduct.

(14:08) People v. Tesar, 21CA1406; Waiver of right to counsel must be knowing and intelligent, as well as voluntary.

(16:21) People v. Blackwell, 21CA1764; Post conviction motion asserting newly discovered evidence which establishes innocence, Evidence of newly discovered evidence not required at the time of filing the motion.

(21:16) People v. Rogers, 21CA1137; Vacation of restitution order and order for court to refund all illegally paid restitution.

(26:44) Christmas v. Nabors, No. 21-14230 (11th Cir. August 8, 2023); § 1983 claims for violation of First Amendment rights for recording attorney correspondence.

Links:

People v. Bonde, 2023COA75

https://files.constantcontact.com/45bb5db5401/4d7719e4-137b-44b9-9587-840975be6cbf.pdf?rdr=true

Christmas v. Nabors, No. 21-14230 (11th Cir. August 8, 2023)

https://files.constantcontact.com/45bb5db5401/09c03591-2a66-47a5-92c9-8c81e2c69e8e.pdf?rdr=true

Denver CCDB/OADC Roadshow Registration Information:

https://ccdb.org/?pg=Events&evAction=showDetail&eid=270602

Rule Change for R21

https://files.constantcontact.com/45bb5db5401/b449f590-03c3-41a7-b120-3f2e95ec3982.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/

  continue reading

374 episodes

Artwork
iconShare
 
Manage episode 376468001 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://player.fm/legal.

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, Prosecutor’s misconduct.

(14:08) People v. Tesar, 21CA1406; Waiver of right to counsel must be knowing and intelligent, as well as voluntary.

(16:21) People v. Blackwell, 21CA1764; Post conviction motion asserting newly discovered evidence which establishes innocence, Evidence of newly discovered evidence not required at the time of filing the motion.

(21:16) People v. Rogers, 21CA1137; Vacation of restitution order and order for court to refund all illegally paid restitution.

(26:44) Christmas v. Nabors, No. 21-14230 (11th Cir. August 8, 2023); § 1983 claims for violation of First Amendment rights for recording attorney correspondence.

Links:

People v. Bonde, 2023COA75

https://files.constantcontact.com/45bb5db5401/4d7719e4-137b-44b9-9587-840975be6cbf.pdf?rdr=true

Christmas v. Nabors, No. 21-14230 (11th Cir. August 8, 2023)

https://files.constantcontact.com/45bb5db5401/09c03591-2a66-47a5-92c9-8c81e2c69e8e.pdf?rdr=true

Denver CCDB/OADC Roadshow Registration Information:

https://ccdb.org/?pg=Events&evAction=showDetail&eid=270602

Rule Change for R21

https://files.constantcontact.com/45bb5db5401/b449f590-03c3-41a7-b120-3f2e95ec3982.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/

  continue reading

374 episodes

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