Episode 350 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

This podcast covers case summaries distributed on 2/7/2023.

Cases and Keywords with timestamps:

(01:23) Martinez v. People, 2024 CO 6 (February 5, 2024); Proximate cause of damage for purposes of restitution, Standard of review for sufficiency of the evidence challenges.

(12:52) UNPUBLISHED People v. Rogers, 20CA1843 (January 25, 2024) (prior opinion issued on October 5, 2023, withdrawn); Exclusion of hearsay testimony from defense investigator after witness was allowed to assert the Fifth Amendment to avoid testifying.

(19:52) UNPUBLISHED People v. Moore, 20CA2073 (February 1, 2024); Allowing officer to provide expert testimony under the guise of lay witness testimony.

(23:15) Hovet v. People, No. 23SC428, Court of Appeals Case No. 20CA920 (Cert. denied)

Links:

People v. Martinez

https://files.constantcontact.com/45bb5db5401/5a51edbb-ef41-496b-a4ab-6cfe9b2a9a13.pdf?rdr=true

Hovet PWC

https://files.constantcontact.com/45bb5db5401/c44e8c6f-a1bd-45c1-aace-a19ac7041272.pdf?rdr=true

Bert’s Ted Talk recommendation:

https://www.youtube.com/watch?v=jUHE4-E3Mcg

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm