Episode 338 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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 overcoming the defendant’s will.

(10:34) People v. Mickey, 2023COA106; The district court’s authority to enter restitution was not extended or restored by a waiver of the 91-day deadline.

(12:42) UNPUBLISHED People v. Espinoza, 22CA0662; Denial of a 35(b) motion for reconsideration must include the judge’s basic reasons for the denial.

(15:22) UNPUBLISHED People v. Nieto, 20CA0564; The district court did not have authority to impose supplemental restitution amounts beyond 91-days without an express finding of good cause on the record, Denial of a 35(b) motion for reconsideration must include the judge’s basic reasons for the denial.

(18:48) UNPUBLISHED People v. Lugo, 21CA1369; The prosecution must provide the names of the providers and the amounts paid by the CVCB under the restitution statute.

(20:22) UNPUBLISHED People v. Wallace, 22CA561; Statements made by victim to Forensic Nurse Examiner were testimonial hearsay and inadmissible.

(25:23) UNPUBLISHED People v. Ruffin, 21CA797; Waiver of counsel must be knowing and intelligent, as well as voluntary, and requires formal Arguello advisement by district court.

Links:

People v. Jones, 2023COA104

https://files.constantcontact.com/45bb5db5401/64839524-9593-4ac1-97d3-0d39a0fc5177.pdf?rdr=true

People v. Munoz-Diaz, 2023COA105

https://files.constantcontact.com/45bb5db5401/8cf240bc-3ede-4241-94b7-da350d1602c2.pdf?rdr=true

People v. Mickey, 2023COA106

https://files.constantcontact.com/45bb5db5401/3491dd01-95d6-4393-9668-0d6e55ca2515.pdf?rdr=true

In re. People in Interest of Minor Children, 2023 CO 57

https://files.constantcontact.com/45bb5db5401/568fe7f9-5d6b-460a-be65-873cc2d20e1f.pdf?rdr=true

In Re City of Rifle v. Mobley, 23SA289 Rule 21 Petition

https://files.constantcontact.com/45bb5db5401/84aa864c-d05e-4263-bd30-daacbece8f05.pdf?rdr=true

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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is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