Episode 353 - OADC Weekly Case Law Update

OADC Weekly Case Law Update

This podcast covers case summaries distributed on 2/27/2023.

Cases and Keywords with timestamps:

(01:50) McElrath v. Georgia No. 22-721 (February 21, 2024); NGRI is an acquittal under the Federal Double Jeopardy clause, even when inconsistent to another jury verdict.

(06:34) People v. Brassill, 2024COA19 (February 22, 2024); Prosecutors are responsible to follow the rules regarding restitution.

(13:08) UNPUBLISHED People v. Gurule, 22CA1630 (February 22, 2024); Trial court erred by prohibiting defendant from cross-examining the alleged victim on her probationary status as it affected her credibility.

(17:21) UNPUBLISHED People v. Nalwood, 21CA1103 (February 22, 2024); Government failed to prove that defendant knew she was driving under restraint so conviction for DUR was reversed.

(19:06) UNPUBLISHED Solano v. Vezzani, 22CA2080 (February 22, 2024); The DA in the third JD, Henry Solano, sued the Huerfano County Commissioners for “underfunding” his office.

(21:26) State v. Cole, No. 22-1581 (February 23, 2024) (Iowa Supreme Court); Conviction for child endangerment reversed because the government failed to provide sufficient evidence that defendant “knowingly acted in a manner that created a substantial risk to the children’s physical, mental or emotional health.”

Links:

McElrath v. Georgia 2024

https://files.constantcontact.com/45bb5db5401/9cdbfde7-e246-4029-be65-1113b05488a0.pdf?rdr=true

People v. Brassill, 2024COA19

https://files.constantcontact.com/45bb5db5401/b4d1b663-b47a-4f6d-b63a-eeadd770021e.pdf?rdr=true

State v. Cole, No. 22 1581 (February 23, 2024)

https://files.constantcontact.com/45bb5db5401/be9f3714-8ae8-42bc-87c2-f97192833484.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NOTE regarding unpublished Colorado Court of Appeals opinions: Please remember the Court of Appeals Policy states that the citation of unpublished opinions in the Court of Appeals is forbidden, with limited exceptions. Copies of unpublished opinions are provided for private use and are not to be included in an electronic database or otherwise published. Also, please note that you are free to cite unpublished cases in the district court for whatever persuasive value the judge may give them.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 You may request unpublished cases from the COA at http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion_Request.cfm