This podcast covers case summaries distributed on 11/15/2024 Links: Westlaw Precision training resources: https://answers.legalprof.thomsonreuters.com/wlp or https://training.thomsonreuters.com/legal-westlaw-precision Contact Shawndell Irving here: Shawndell Irving Music by Scott Holmes. Used under a Creative Commons license. Download today’s music…

This podcast covers case summaries distributed on 11/8/2024 Cases and Keywords with timestamps: (01:44) People v. Martinez, 2024 CO 69 (November 4, 2024); Expert testimony, Expert witness admission under CRE 702 and Colorado case law. (06:22) People v. Segura, 2024 CO 70 (November 4, 2024); Any arguable merit in postconviction Rule 35(c) claim requ…

This podcast covers case summaries distributed on 11/1/2024 Cases and Keywords with timestamps: (01:25) People v. Abdul-Rahman, 2024COA118 (October 31, 2024); Parolee is not required to pursue an administrative appeal of a parole revocation with the State Board of Parole before seeking judicial review. (03:56) UNPUBLISHED People v. Garcia, 22CA2176…

This podcast covers case summaries distributed on 10/18/2024 and 10/25/2024 Cases and Keywords with timestamps: (02:51) UNPUBLISHED People v. Avila, 22CA0875 (October 3, 2024); Evidence of touch DNA excluded under Rape Shield Statute. (06:10) UNPUBLISHED People v. Salazar, 21CA0949 (October 17, 2024); Errors in instructions not plain because the er…

Cases and Keywords with timestamps: (01:28) UNPUBLISHED People v. Rael, 22CA1069 (October 10, 2024); Motions challenging the POPWO statute as unconstitutional on its face and as applied to client’s conduct. (02:44) People v. Ramcharan, 22CA0534 (October 10, 2024); Sufficiency of offers of proof, Jury instruction on mens rea of knowingly, Denial of …

This podcast covers case summaries distributed on 10/4/2024. Cases and Keywords with timestamps: (01:17) Sellers v. People, 2024 CO 64 (September 30, 2024); Life without the possibility of parole sentence for felony murder is not categorically unconstitutional, nor is the sentence grossly disproportionate following the General Assembly’s 2021 recla…

This podcast covers case summaries distributed on 9/27/2024. Cases and Keywords with timestamps: (01:46) People v. Morris, 2024COA105 (September 26, 2024); Revocation of YOS sentence and imposition of DOC sentence was appropriate even after defendant requested diagnostic validation. (05:35) UNPUBLISHED People v. Rodgers, 22CA1155 (September 26, 202…

This podcast covers case summaries distributed on 9/20/2024. Cases and Keywords with timestamps: (00:50) UNPUB LISHED People v. Barber, 22CA0502 (September 19, 2024); Erlinger, Almendarez-Torres, Apprendi, Blakely, Plain error for sentencing under habitual offender statute when prior offense was not found by a jury, Improper hearsay evidence by pre…

This podcast covers case summaries distributed on 9/13/2024. Cases and Keywords with timestamps: (01:52) People v. Gregg 23CR289 (Mesa County September 9, 2024); Jury must determine validity of habitual criminal counts. (04:10) People v. Romero, 2024 CO 62 (September 9, 2024); Batson challenge not sustained where prosecutor struck juror for appeari…

This podcast covers case summaries distributed on 9/6/2024. Cases and Keywords with timestamps: (01:32) Azar v. Ngo, 24COA99 & 24COA100 (September 5, 2024); CRPC 5.6(a) (02:15) UNPUBLISHED People v. Martinez, 23CA2198 (August 29); Internet luring of a child requires use of explicit sexual language. (04:18) UNPUBLISHED People v. T.B., 22CA1028 (Sept…

This podcast covers case summaries distributed on 8/30/2024. Cases and Keywords with timestamps: (01:42) People v. Gillespie, 2024COA98 (August 29, 2024); Sufficiency of evidence for knowingly killing dog, Suppression of evidence. (05:36) UNPUBLISHED People v. Dalton, 23CA0750 (August 8, 2024); Error when IAC claim was denied without evidentiary he…

This podcast covers case summaries distributed on 8/16/2024 and 8/23/2024. Cases and Keywords with timestamps: (02:22) People v. Garcia, 2024COA91 (August 15, 2024); By not objecting before the trial, defendant waived any claim that the judge needed to disqualify herself under §13-1-122. (04:22) Solano v. Newman, 2024COA93 August 15, 2024); DA’s ob…

This podcast covers case summaries distributed on 8/2/2024 and 8/9/2024. Cases and Keywords with timestamps: (02:35) People v. Plotner, 2024COA77 (August 1, 2024); CRS 18-3-203(1)(f) requires the trial court to impose the assault sentence to run consecutively to all components of that single controlling sentence. (05:10) Marriage of Matheny, 2024CO…

This podcast covers case summaries distributed on 7/26/2024. Cases and Keywords with timestamps: (00:56) UNPUBLISHED People v. Chavira, 23CA0389 (July 25, 2024); Sentencing court committed Blakely error for exceeding presumptive range. (04:46) United States v. Venjohn, No. 23-8028 (June 12, 2024); Colorado conviction for felony menacing cannot be u…

This podcast covers case summaries distributed on 7/19/2024. Cases and Keywords with timestamps: (02:29) Grants Pass v. Johnson, No. 23-175 (June 28, 2024); Enforcement of generally applicable laws regulating camping on public property. (06:14) Erlinger v. United States, No. 23-370 (June 21, 2024); The Armed Career Criminal Act (ACCA) requires mand…

This podcast covers case summaries distributed on 7/13/2024. Cases and Keywords with timestamps: (06:42) Clark v. People, 2024 CO 55 (July 1, 2024); Trial judge failed to strike a juror for cause for racially biased statements, Extraneous prejudicial information under CRE 606(b) did not include juror’s statement that a judge required a unanimous de…

This podcast covers case summaries distributed on 6/28/2024. Cases and Keywords with timestamps: (03:12) Martinez v. People, 2024 CO 48 (June 24, 2024); The “force-against-intruders” defense is an element-negating traverse for crimes of negligence and recklessness. (06:30) People v. Cerda, 2024 CO 49 (June 24, 2024); Despite clear and repeated viol…

This podcast covers case summaries distributed on 6/21/2024. Cases and Keywords with timestamps: (02:48) People v. Howell, 2024 CO 42 (June 17, 2024); Definition of dwelling for immunity under the force-against-intruders statute, CRS §18-1-704.5. (05:34) Connors v. Connors, 2024 CO 44 (June 17, 2024); Service by email is inadequate for an indirect …

This podcast covers case summaries distributed on 6/14/2024. Cases and Keywords with timestamps: (02:00) People v. Crabtree, 2024 CO 40 (June 10, 2024); Analysis of Colorado’s Rule 52(b), error analysis. (15:58) People v. Garcia, 2024 CO 41 (June 10, 2024); Judge must recuse if involved in any way in defendant’s case as an attorney (prosecution or …

This podcast covers case summaries distributed on 6/7/2024. Cases and Keywords with timestamps: (02:02) In re. People v. Honstein, 2024 CO 34 (June 3, 2024); Calling prosecutor as witness. (05:54) People v. Johnson, 2024 CO 35 (June 3, 2024); Batson challenges (17:21) People v. Austin, 2024 CO 36 (June 3, 2024); Companion case to People v. Johnson …

This podcast covers case summaries distributed on 5/31/2024. Cases and Keywords with timestamps: (01:56) People v. Johnson, 2024 CO 32 (May 28, 2024); Sufficiency of the evidence for Enticement of a Child. (07:02) Sanders v. People, 2024 CO 33 (May 28, 2024); Recusal of judge for bias. (13:32) People v. Warren, 2024COA60 (May 30, 2024); Exception f…

This podcast covers case summaries distributed on 5/24/2024. Cases and Keywords with timestamps: (02:24) Riggs Oil v. Jonah Energy, 2024COA57 (May 23, 2024); Excusable neglect. (05:52) UNPUBLISHED People v. Taylor, 22CA0515 (May 23, 2024): Defendant is allowed to testify about alibi even if alibi defense has not been endorsed. (08:38) UNPUBLISHED P…

This podcast covers case summaries distributed on 5/17/2024. Cases and Keywords with timestamps: (01:58) People v. Sloan, 2024COA52 (May 16, 2024); Problems with live streaming doesn’t automatically constitute a closure of the courtroom, Inaccurate jury instructions for vehicular eluding resulting in death. (05:38) People v. Herold, 2024COA53 (May …

This podcast covers case summaries distributed on 5/10/2024. Cases and Keywords with timestamps: (01:50) Whiteaker v. People, 2024 CO 25 (May 6, 2024); First degree criminal trespass is a lesser included of second degree burglary, Multiplicitous convictions require automatic reversal and merger into a single conviction. (06:31) Washington v. People…

This podcast covers case summaries distributed on 5/3/2024. Cases and Keywords with timestamps: (01:40) People v. Miller, 2024COA45 (May 2, 2024); Prosecutor bolstering victim’s credibility, Phone calls do not need to be answered by the victim to constitute evidence of contact for purpose of violation of protection order, Evidentiary issues for fir…

This podcast covers case summaries distributed on 4/30/2024. Cases and Keywords with timestamps: (01:30) People v. Shannon, 2024COA41 (April 25, 2024); Jury access to pretext phone call recordings, No requirement to hold Shreck hearing before admitting prosecution’s cold expert witness, Equal Protection. (06:20) Woodall v. Godfrey, 2024COA42 (April…

This podcast covers case summaries distributed on 4/23/2024. Cases and Keywords with timestamps: (02:15) People v. Montoya, 2024COA37 (April 18, 2024); Courtroom closure due to COVID-19, Sufficient evidence to support conviction for failure to leave premises. (06:55) People v. Burdette, 2024COA38 (April 18, 2024); Time bar for challenge to convicti…

This podcast covers case summaries distributed on 4/16/2023. Cases and Keywords with timestamps: (01:28) People v. Montoya, 24CO20, 22SC580 (April 15, 2024); Definition of refusal in criminal DUI trials, Rule 106. (04:20) People v. Martinez, 22CA0667 (April 11, 2024); Conviction on uncharged special interrogatory when defendant knew of the facts of…

This podcast covers case summaries distributed on 4/9/2023. Cases and Keywords with timestamps: (01:56) People v. Bohler, 2024 CO 18 (April 8, 2024); Suppression of pre-arrest statements incorrect because defendant was not in custody for Miranda purposes. (07:59) People v. Vega-Dominguez, 2024COA32 (April 4, 2024); The crime of attempted patronizin…

This podcast covers case summaries distributed on 4/2/2023. Cases and Keywords with timestamps: (02:36) UNPUBLISHED People v. Pierson, 22CA1052 (March 14, 2024); Trial counsel was deficient for not consulting an expert, Confabulation, Packaging, Scapegoating. (06:20) UNPUBLISHED People v. Trujillo, 22CA1532 (March 14, 2024); The anti-subrogation ru…

This podcast covers case summaries distributed on 3/26/2023. Cases and Keywords with timestamps: (01:09) People v. Maes, 2024 CO 15 (March 25, 2024); Magistrate’s finding of probable cause after a preliminary hearing is a “final order or judgment” under the Colorado Rules for Magistrates and is, therefore, reviewable by a district court. The time f…

This podcast covers case summaries distributed on 3/19/2023. Cases and Keywords with timestamps: (01:18) People v. Lopez, 2024COA26 (March 14, 2024); Expert testimony about coaching of child witnesses, Jury deliberation issues, Administering the oath to a child witness. (08:52) People v. Hood, 2024COA27 (March 14, 2024); Error in excluding certain …

This podcast covers case summaries distributed on 3/12/2023. Cases and Keywords with timestamps: (01:24) Godinez v. Williams, 2024 CO 14 (March 11, 2024); SOLSA (1) permits the parole board to consider maturity and (2) requires consideration of rehabilitation when deciding whether to release a juvenile convicted as an adult who is serving an indete…

This podcast covers case summaries distributed on 3/5/2023. Cases and Keywords with timestamps: (01:16) People v. Kirby, 2024COA20 (February 29, 2024); Speedy Trial, Reckless manslaughter and careless driving resulting in death are lesser included offenses of reckless vehicular homicide, Sentencing issues. (07:16) People v. Melendez, 2024COA21 (Feb…

This podcast covers case summaries distributed on 2/27/2023. Cases and Keywords with timestamps: (01:50) McElrath v. Georgia No. 22-721 (February 21, 2024); NGRI is an acquittal under the Federal Double Jeopardy clause, even when inconsistent to another jury verdict. (06:34) People v. Brassill, 2024COA19 (February 22, 2024); Prosecutors are respons…

This podcast covers case summaries distributed on 2/20/2023. Cases and Keywords with timestamps: (02:10) People v. Owens, 2024 CO 10 (February 20, 2024); Batson challenges, Voir dire on racial issues, Evidence admitted under CRE 404(b) and CRE 401–403, Denial of mistrial motions, impeachment of witnesses, cumulative error. (20:29) People v. Wade, 2…

This podcast covers case summaries distributed on 2/13/2023. Cases and Keywords with timestamps: (01:40) People v. Torrez, 2024COA11 (February 8, 2024); Judge’s failure to administer the empaneled jurors’ oath, Merger of multiple convictions. (07:54) UNPUBLISHED People v. Melendez, 20CA1677 (February 8, 2024); Summary data provided by CVCB is insuf…

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 opini…

This podcast covers case summaries distributed on 1/30/2024. Cases and Keywords with timestamps: (02:16) People v. Porter, 2023SA299 (January 25, 2024); Prosecutor must certify in the Notice of Appeal that suppressed evidence was a substantial part of the proof of the charge pending against the defendant. (03:16) People v. Roper, 2024COA9 (January …

This podcast covers case summaries distributed on 1/24/2023. Cases and Keywords with timestamps: (01:30) People v. Smith, 2024 CO 3 (January 22, 2024); Pro Se postconviction petition issues can be abandoned without the client’s consent by not affirmatively stating an intent to not abandon the claims. (05:20) People v. Fregosi, 2024COA6 (January 18,…

This podcast covers case summaries distributed on 1/17/2023. Cases and Keywords with timestamps: (02:20) Commonwealth v. Mattis, --- N.E.3d ----, 2024 WL 118188 (2024); The Massachusetts Supreme Court establishes that a life without parole sentence for people between the ages of 18 and 20 violates the cruel and unusual punishment clause of the Mass…

This podcast covers case summaries distributed on 1/9/2023. Cases and Keywords with timestamps: (01:08) People v. Young, 2024COA1 (January 4, 2024); Voluntariness of sobriety test during DUI stop, COVID pandemic cessation of breath tests for DUI testing. (05:05) State v. Dorff, 526 P.3d 988 (Idaho 2023), cert. denied, 144 S. Ct. 249 (2023); Dog sni…

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 no…

This podcast covers case summaries distributed on 12/26/2023. Cases and Keywords with timestamps: (02:38) People v. Shockey, 2023COA121 (December 21, 2023); Complicity liability, Jury instructions, Inconsistent verdicts, Double jeopardy. (07:46) People v. Duncan, 2023COA122 (December 21, 2023); The word “protracted” in the definition of serious bod…

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 …

This podcast covers case summaries distributed on 12/13/2023. Cases and Keywords with timestamps: (01:36) In re. People v. Tippet, 2023 CO 61 (December 11, 2023); Trial court has authority to reduce charge as sanction for discovery violations under Rule 16. (16:06) People v. Day, 2023COA115 (December 7, 2023); Trial court erred in excluding mental …

This podcast covers case summaries distributed on 12/6/2023. Cases and Keywords with timestamps: (02:25) People v. Poot-Baca, 2023COA112 (November 30, 2023); Possession and use of financial instrument are not the same offense, identification of perpetrator. (09:39) People v. Cooper, 2023COA113 (November 30, 2023); Res Gestae bar not retroactive. (1…

This podcast covers case summaries distributed on 11/28/2023. Cases and Keywords with timestamps: (01:00) People v. Mion, 2023COA110 (November 22, 2023); Involuntary intoxication instruction when some intoxicants were voluntarily ingested and others were not. Links: People v. Mion, 2023COA110 https://files.constantcontact.com/45bb5db5401/dca66cdc-9…

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. H…

This podcast covers case summaries distributed on 11/15/2023. Cases and Keywords with timestamps: (02:24) People v. Jones, 2023COA104; Self-defense jury instruction, Force against intruder jury instruction, Admission of victim’s hearsay statements. (07:51) People v. Munoz-Diaz, 2023COA105; Police promise not to extradite was not a coercive promise …