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Episode 343 - OADC Weekly Case Law Update
Manage episode 391006884 series 3280807
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 or maintaining the trial date and proceeding pro se, jail interference in defense, court has no duty to sua sponte terminate pro se representation due to defendant’s gross incompetence in mounting defense, jury deadlock.
(10:40) People v. Wells-Yates, 2023COA120 (December 14, 2023); Further clarification about proportionality reviews.
(21:46) UNPUBLISHED People v. Clark, 20CA1567 (December 14, 2023); Counsel failed by not calling a DNA expert, jurors were exposed to prejudicial extraneous information when juror visited crime site during trial.
(27:16) UNPUBLISHED People v. Brown, 22CA238 (December 14, 2023); COVID-19 delay of trial denied speedy trial right.
Links:
People v. Sanders, 2023 CO 62
https://files.constantcontact.com/45bb5db5401/2b627601-8f88-42d4-a7c1-2c4618b79d0b.pdf?rdr=true
People v. Gemelli, 2023COA119
https://files.constantcontact.com/45bb5db5401/838dffbc-b23d-4da8-9d84-850f72e6e382.pdf?rdr=true
People v. Wells-Yates, 2023COA120
https://files.constantcontact.com/45bb5db5401/c3dc6e58-f32b-4959-b6ac-843998d182e7.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/
Special music by MuzaProduction, Jingle Bells, from Free Music Archive and used under a CC-BY-NC license.
NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm
374 episodes
Manage episode 391006884 series 3280807
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 or maintaining the trial date and proceeding pro se, jail interference in defense, court has no duty to sua sponte terminate pro se representation due to defendant’s gross incompetence in mounting defense, jury deadlock.
(10:40) People v. Wells-Yates, 2023COA120 (December 14, 2023); Further clarification about proportionality reviews.
(21:46) UNPUBLISHED People v. Clark, 20CA1567 (December 14, 2023); Counsel failed by not calling a DNA expert, jurors were exposed to prejudicial extraneous information when juror visited crime site during trial.
(27:16) UNPUBLISHED People v. Brown, 22CA238 (December 14, 2023); COVID-19 delay of trial denied speedy trial right.
Links:
People v. Sanders, 2023 CO 62
https://files.constantcontact.com/45bb5db5401/2b627601-8f88-42d4-a7c1-2c4618b79d0b.pdf?rdr=true
People v. Gemelli, 2023COA119
https://files.constantcontact.com/45bb5db5401/838dffbc-b23d-4da8-9d84-850f72e6e382.pdf?rdr=true
People v. Wells-Yates, 2023COA120
https://files.constantcontact.com/45bb5db5401/c3dc6e58-f32b-4959-b6ac-843998d182e7.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/
Special music by MuzaProduction, Jingle Bells, from Free Music Archive and used under a CC-BY-NC license.
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
374 episodes
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