Episode 372 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

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 decision during her previous jury service in another case.

(12:50) Castro v. People, 2024 CO 56 (July 1, 2024); Substitution of alternate juror for another juror after deliberations had begun.

(17:02) People v. Martinez Rubier, 2024COA67 (July 3, 2024); Error due to proceeding to restitution hearing without defendant when there was no evidence that defendant voluntarily missed the hearings.

(19:34) Nash v. Miskell, 2024COA68 (July 3, 2024); Local sheriffs cannot continue to detain a person who is otherwise eligible for release based on an ICE hold.

(21:02) Wolf v. Brenneman, 2024COA71 (July 11, 2024); Witnesses enjoy absolute immunity from civil liability for their testimony to a grand jury, but not for statements made to law enforcement and DAs before their grand jury testimony.

(22:30) People v. Vigil, 2024COA72 (July 11, 2024); Expert testimony was hearsay and inadmissible.

(26:59) People v. Hupke, 2024COA73 (July 11, 2024); Use of a third party to influence a public service can lead to conviction.

(29:26) UNPUBLISHED People v. Warro, (July 3, 2024); The postconviction court reversibly erred in summarily denying a pro se petition where the defendant sufficiently alleged he was incompetent at the time he entered a plea, and the record did not clearly refute the claim.

(31:25) UNPUBLISHED People v. McCoy, 22CA1905 (July 3, 2024); A claim that counsel’s law license is inactive does not establish ineffective assistance of counsel per se, but it does require the postconviction court to make a case-by-case determination at an evidentiary hearing.

(32:56) People v. Cochran, 22CA1129 (July 11, 2024); Prosecutor has burden to prove defendant has been restored to competency.

(35:16) UNPUBLISHED People v. Gentry, 22CA1354 (July 11, 2024); The district court reversibly erred when it permitted the prosecutor to cross-examine Gentry about and comment in closing argument on his post-Miranda silence.

(36:34) UNPUBLISHED People v. Hughes, 22CA2213 (July 11, 2024); Trial counsel was ineffective by failing to argue in a motion for judgment of acquittal that the speech underlying the harassment conviction was protected by the First Amendment.

(38:53) UNPUBLISHED People v. Gerle, 23CA0481 (July 11, 2024); The trial court reversibly erred by finding Gerle’s evidence of BDSM activity was precluded by the rape shield statute in a case where he was not charged with a sexual offense.

Links:

Clark v. People, 2024 CO 55 (July 1, 2024)

https://files.constantcontact.com/45bb5db5401/4dcafee3-9470-4ad7-abc9-7602bc8dee49.pdf?rdr=true

Castro v. People, 2024 CO 56 (July 1, 2024)

https://files.constantcontact.com/45bb5db5401/068abda9-1687-49f5-9385-5f00531ea1df.pdf?rdr=true

People v. Martinez Rubier, 2024COA67 (July 3, 2024)

https://files.constantcontact.com/45bb5db5401/e4bf204d-f0c5-43d7-9560-b99add2676ec.pdf?rdr=true

Nash v. Miskell, 2024COA68 (July 3, 2024)

https://files.constantcontact.com/45bb5db5401/5edcbfd7-8acb-4481-9105-d9e23394fd47.pdf?rdr=true

Wolf v. Brenneman, 2024COA71 (July 11, 2024)

https://files.constantcontact.com/45bb5db5401/0fb25ba2-7d2a-4da4-96ea-a951f760b19e.pdf?rdr=true

People v. Vigil, 2024COA72 (July 11, 2024)

https://files.constantcontact.com/45bb5db5401/892bdb8a-6ce5-46e4-8744-fc26696035a6.pdf?rdr=true

People v. Hupke, 2024COA73 (July 11, 2024)

https://files.constantcontact.com/45bb5db5401/9abbfed3-90a8-4d86-95cd-4ac96bdde419.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