Episode 360 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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 the special interrogatory before the case began.

(06:56) UNPUBLISHED People v. Orton, 22CA1999 (April 11, 2024); Exclusion of victim’s prior consensual sexual conduct with defendant under Rape Shield statute is error.

(08:49) UNPUBLISHED People v. Veit, 23CA2039 (April 11, 2024); Evidence to establish probable cause for the first-degree assault charge based on the interpretation of the statutory definition of serious bodily injury.

(11:36) UNPUBLISHED People v. Portillo-Sanchez, 23CA0087 (April 11, 2024); Indigency is not a consideration when restitution is ordered.

(13:44) UNPUBLISHED People v Sotelo, 22CA1617 (April 11, 2024); Sentencing counsel's failure to explicitly raise an important mitigating factor at sentencing prejudiced Sotelo, even though the postconviction court was aware that factor existed.

(15:46) UNPUBLISHED People v. Jones-Brown, 21CA1740 (April 11, 2024); Evidentiary issues, Jury instructions, and Jury questions.

Links:

People v. Martinez, 2024 CO 34

https://files.constantcontact.com/45bb5db5401/b36d12b3-3616-4a5f-95f9-97c8891647ca.pdf?rdr=true

People v. Montoya, 2024 CO 20

https://files.constantcontact.com/45bb5db5401/b36d12b3-3616-4a5f-95f9-97c8891647ca.pdf?rdr=true

Virtual Pro Se Clinic Job Description:

https://www.coloradoaccesstojustice.org/vpclegalfacilitator

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm