Episode 345 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

This podcast covers case summaries distributed on 1/2/2024.

Cases and Keywords with timestamps:

(02:41) People v. Gonzalez-Quezada, 2023COA124 (December 28, 2023); Heat of Passion mitigator for second degree murder, Witness testimony when Fifth Amendment may be invoked, Confrontation Clause and CRE 403, Expelled juror from Webex during trial was not violation of public trial right.

(11:32) UNPUBLISHED People v. Ruybal, 22CA0799 (December 14, 2023); Stipulated 16 year sentence for F(4) second-degree kidnapping was illegal since it was not a crime of violence and, therefore, not subject to the extraordinary risk enhancement.

(15:11) UNPUBLISHED People v. Bentley, 22CA898 (December 14, 2023); Trial court could not order restitution for amounts paid by insurance company for property damages.

(16:48) UNPUBLISHED People v. Contreras-Guzman, 21CA1641 (December 21, 2023); Trial Court’s erroneous application of Rape Shield Statute prohibiting introduction of alleged victim’s motive to lie.

(19:03) UNPUBLISHED People v. Ward, 22CA1820 (December 21, 2023); Defendant entitled to evidentiary hearing on 35(c) petition for violation of probation due to IAC.

(21:37) UNPUBLISHED People v. Butterfield, 20CA127 (December 28, 2013); Erroneous admission of testimony from expert that a peer reviewed and approved the DNA findings when that peer didn’t testify at trial.

(23:50) Shaw v. Jones, CV 19-1343-KHV, 2023 WL 4684682 (D. Kan. July 21, 2023); Kansas Highway Patrol’s “Two-Step” traffic stop process was unconstitutional and granted a permanent injunction in a 42 U.S.C. §1983 suit against the KHP’s use of this technique.

(28:46) In Re: People v. Mobley, 23SA289; Colorado’s equal protection clause.

Links:

People v. Gonzalez-Quezada, 2023COA124

https://files.constantcontact.com/45bb5db5401/de78854f-72e2-4a62-82e4-dfb8bc7d3e93.pdf?rdr=true

Shaw v. Jones, CV 19-1343-KHV, 2023 WL 4684682 (D. Kan. July 21, 2023)

https://files.constantcontact.com/45bb5db5401/e9bef507-c8e2-45b9-bd09-d5997eff7cf7.docx?rdr=true

Bosire v. McMillan, CV 19-01343-KHV, 2023 WL 3275787 (D. Kan. May 5, 2023)

https://files.constantcontact.com/45bb5db5401/5136cb93-c3f5-46ed-9c2d-c7e3cf1a38da.docx?rdr=true

Vasquez v Lewis

https://files.constantcontact.com/45bb5db5401/4e3f1613-e6dc-42ac-ad9c-fe9a6704f291.pdf?rdr=true

Petition for Relief Mobley Final

https://files.constantcontact.com/45bb5db5401/8b78cb12-be00-4b07-8269-6fcfaba8345c.pdf?rdr=true

Mobley Amicus Brief

https://files.constantcontact.com/45bb5db5401/785bc4b6-34d9-4ef7-99ff-fcb94ab073d9.pdf?rdr=true

Bert’s suggested Ted Talk - Embracing Mediocrity for your viewing pleasure:

https://www.ted.com/talks/crispin_thurlow_why_you_should_embrace_mediocrity?utm_campaign=tedspread&utm_medium=referral&utm_source=tedcomshare

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