Episode 336 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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7M ago 22:47

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This podcast covers case summaries distributed on 10/31/2023.

Cases and Keywords with timestamps:

(01:18) UNPUBLISHED People v. C.E.G., 21CA0250 (October 5, 2023); Suvi Miller’s testimony impermissibly bolstered the victim’s credibility when she answered the prosecutors questions about C.M.’s specific disclosures by opining on C.M.’s behavior.

(06:36) UNPUBLISHED People v. Jaszczyk, 22CA17 (October 5, 2023); The division found Weeks error by distinguishing Babcock and applying Roberson.

(13:04) UNPUBLISHED People v. Ellis, 22CA60 (September 28, 2023); Issue# 1: The trial court erred by imposing a five-year period of mandatory parole when the statute, based on the date of offense, required a three-year period,

Issue #2: In finding Ellis is a SVP, the trial court may have erred by basing its finding that he promoted the relationship for the purposes of sexual victimization.

(16:12) UNPUBLISHED People v. Martinez-Ortega, 22CA509 ((October 5, 2023); The majority found that Martinez-Ortega’s challenge to causation by stipulating to causation in his plea agreement. Judge Fox dissented because his agreement to causation did not waive his challenge to the amount of damage he caused.

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm

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