Episode 331 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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 experts.

(06:32) People v. Kennedy 2023COA83; Disagreeing with People v. Strock, 252 P.3d 1148 (Colo. App. 2010), the division finds that vehicular homicide under section 18-3-106(1)(b)(I) is not a per se grave or serious offense for purposes of proportionality review.

(10:23) People v. Lopez, 20CA1910; Trial court erred by not ordering competency evaluation after defense counsel objected to court’s determination on competency, Trial court erred by judicially noticing defendant’s presence in court when CPO was entered.

(16:19) People v. Nawrocki, 23CA0696; Trial court properly dismissed the F(6) third degree assault on an at-risk person count when the prosecution did not have any witnesses for a preliminary hearing and could not establish good cause to continue the hearing beyond the 35-day period allowed for a preliminary hearing under Crim. P. Rule 7(h)(2).

(20:33) People v. Passmore, 20CA1908; Amendment to add valid COV count the day before trial did not violate Crim.P.Rule 7(e), Restitution not valid when prosecution submits request after 91-days.

(24:26) People v. Williams, 20CA0638; Extraordinary risk provisions require government to plead and prove COV even for per se COV counts, Third-degree assault conviction must merge with first-degree assault conviction where defendant engaged in single act of assault.

(27:38) People v. Bazel, 16CR3268; Reversal of district court denial of IAC for plea bargaining.

Cert Grants/Rule 21s:

People v. Rodriguez-Morelos, No. 22SC982, Court of Appeals Case No. 19CA915

Randolph v. People, No. 23SC167, Court of Appeals Case No. 20CA174

In re. People v. Howell, 23SA227 (Rule 21)

Links:

People v. Schnorenberg, 2023COA82

https://files.constantcontact.com/45bb5db5401/2b5f925a-7dc1-4690-b1b4-c3165b5b801b.pdf?rdr=true

People v. Kennedy 2023COA83

https://files.constantcontact.com/45bb5db5401/80c63304-c531-47f2-908f-d668263f16ea.pdf?rdr=true

PWC: Randolph v. People, No. 23SC167 PWC

https://files.constantcontact.com/45bb5db5401/f966ac3a-a058-4c49-b8a4-1053b9b14c08.pdf?rdr=true

Rule 21 Petition: In re. People v. Howell, 23SA227

https://files.constantcontact.com/45bb5db5401/83c5269c-8df5-4e35-ba7e-309a96f51906.pdf?rdr=true

Order re. Bazel’s 35(c) petition

https://files.constantcontact.com/45bb5db5401/70dc9891-a386-4229-8d71-268cbe49a5de.pdf?rdr=true

Formal Opinion 508: https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-508.pdf

Remote Public Access to Criminal Court Proceedings:

HB23-1182: https://leg.colorado.gov/bills/hb23-1182

CJD 23-02: https://www.courts.state.co.us/Courts/Supreme_Court/Directives/23-02%20LIvestreaming%20Criminal%20Trial%20Court%20Proceedings%20WEB1.pdf

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