Episode 339 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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(02:01) UNPUBLISHED People v. Ellis, 20CA2027 (November 9, 2023); The trial court reversibly erred by allowing the prosecutor to elicit Ellis’s mother’s hearsay statements in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(05:12) UNPUBLISHED People v. Hudson, 21CA749 (November 9, 2023); The division reversed because the government failed to produce sufficient evidence that Hudson could have used debit cards to obtain anything of value.

(06:46) UNPUBLISHED People v. Espinoza, 21CA1061 (November 16, 2023); Nothing in Espinoza’s plea agreement prevented her from successfully arguing the district court erred when imposing restitution after the 91-day deadline, nor could the government withdraw from the plea agreement after the court found the trial court violated its statutory obligation.

(12:07) UNPUBLISHED People v. Townsell, 21CA2068 (November 16, 2023); The postconviction court summarily denied Townsell’s petition without appointing counsel because he failed to establish prejudice from his attorney’s failure to present DNA evidence in support of his alternate suspect defense. The majority affirmed. Judge Schutz provided a solid dissent explaining the importance of the evidence and the significance of Townsell being incarcerated in his inability to obtain the necessary factual evidence without the assistance of counsel.

(17:32) UNPUBLISHED People v. Plateel, 22CA2117 (November 16, 2023); The government’s decision to file a complaint and a grand jury’s indictment in two separate cases based on identical charges was not authorized by the Criminal Rules of Procedure and caused the defendant to suffer “undue harassment and unwarranted oppression.”

Links:

RULE CHANGES RULE CHANGE 2023(15) RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW IN COLORADO Rule 207.1 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(15).pdf

RULE CHANGE 2023(16) COLORADO LICENSED LEGAL PARAPROFESSIONAL RULES OF PROFESSIONAL CONDUCT Rules 3.1, 3.3, 3.7, and 3.9 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(16).pdf

RULE CHANGE 2023(17) COLORADO RULES OF PROFESSIONAL CONDUCT Preamble and Rules 1, 3.4, 3.7, 4.2, 4.3, 5.1, 5.3, 5.3A, 5.4, 5.5, 5.6, 7.3, 8.3, and 8.4 Amended and Adopted by the Court, En Banc, November 16, 2023, effective immediately.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/2023/Rule%20Change%202023(17).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