Episode 332 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

This podcast covers case summaries distributed on 10/4/2023.

Cases and Keywords with timestamps:

(02:08) People v. Caswell, 2023 CO 50; Second or subsequent charge of animal cruelty escalates charge from class 1 misdemeanor to class 6 felony, Determination of previous offenses is a sentence enhancer and not an element that must be proven to a jury.

(07:52) Dorsey v. People, 2023 CO 51; Prior Conviction for failure to register is a sentence enhancer and not an element that must be proven to a jury.

(08:51) People v. C.H. 2023COA86; Sealing of deferred judgments and domestic violence offenses post-2019.

(13:42) People v. Sanchez-Maciel, 19CA1625; SAOC-POT is not a crime of violence unless it is part of a pattern of abuse.

(14:50) People v. Sahota, 21CA279; Summary denial of IAC (plea counsel) due to inaccurate advice about possible sentences and waiver of a challenge to the SVPASI used to determine SVP status.

(20:43) People v. Sehorn, 21CA0284; Additional restitution untimely ordered.

(23:27) People v. Castillo, 21CA1619; Untimely order of restitution.

Links:

People v. Caswell 2023 CO 50

https://files.constantcontact.com/45bb5db5401/8f3c6cd3-8d3e-45b8-ac5d-c88ccd1d5d09.pdf?rdr=true

Dorsey v. People 2023 CO 51

https://files.constantcontact.com/45bb5db5401/eb2c7091-c89b-47e1-98b8-87b6a5afbf70.pdf?rdr=true

People v. C.H., 2023COA86

https://files.constantcontact.com/45bb5db5401/3cb9abe8-b312-4eb0-af76-06b68e498905.pdf?rdr=true

Gallagher, Sealing Criminal Histories

https://files.constantcontact.com/45bb5db5401/4c056cdd-da82-4296-a275-f2f95bef57af.pdf?rdr=true

Greater Colorado Fellowship: Click here for the full job description and how to apply. Please complete the online application by 11:59 PM on October 25, 2023.

Want to learn more about the Fellowship, please watch the recording of our recent Q/A session to hear more from practitioners in Greater Colorado.

Free ABA (Non-CLE) Webinar: https://www.americanbar.org/events-cle/mtg/web/435095109/

Deaths in Custody: a National Crisis, October 9, 2023 at 12:00 pm - 1:30 pm Mountain Time (2pm EDT)

PD Case Load Study

The ABA and Rand Corporation have published their public defender caseload study.

https://www.rand.org/pubs/research_reports/RRA2559-1.html

Bert’s Suggested TedTalk

https://www.ted.com/talks/julian_treasure_how_to_speak_so_that_people_want_to_listen?language=en

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