Episode 333 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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” of something from the person or presence of another using force, threats, or intimidation. Attempting to take the items is not a “taking”.

(07:24) People v. Addington, 20CA0911; The trial court erred by instructing the jury in a manner that relieved the prosecution of establishing the victim was lawfully in the residence where the defense argued the shooting was justified under the defense of premises statute.

(10:51) People v. Rogers, 20CA1843; A witness cannot assert the Fifth Amendment privilege when the witness’s testimony may admit criminal conduct where the statute of limitations has lapsed for possible charges related to that conduct.

Links:

People v. Hollis, 2023COA91

https://files.constantcontact.com/45bb5db5401/0007ea12-028b-4a71-9ca7-085f779922ba.pdf?rdr=true

People v. Mortenson, 2023COA92

https://files.constantcontact.com/45bb5db5401/6058d93c-3c3f-48d0-a562-43411672691e.pdf?rdr=true

DORA Report re. Criminal convictions as barriers to professional entry

https://files.constantcontact.com/45bb5db5401/4f48bb67-15f4-4845-b86b-4f022f6dac65.pdf?rdr=true

OSAC Registry: https://www.nist.gov/organization-scientific-area-committees-forensic-science/osac-registry#face

The Office of the Alternate Defense Counsel (OADC) is hiring a Postconviction Unit Coordinator for its new Postconviction Unit (PCU): https://www.coloradoadc.org/about-us/join-our-team

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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