Episode 412 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 5/15/2025 Cases and Keywords: In re. People v. Chapman, 2025 CO 19 (May 12, 2025) There is no need for the DA to recuse because the judge they normally appear in front of is the named victim of the crime they are prosecuting. In re. People v. Nkongolo, 2025 CO 20 (May 12, 2025) The trial court erred by suppressing Nkongolo's statements as constitutionally involuntary. The law enforcement agent's conduct was not coercive. Even if the conduct was coercive, the record did not show that Nkongolo's will was overborne such that the statements were rendered involuntary. In re. People v. Crawford, 2025 CO 22 (May 12, 2025) Counterman does not apply to a stalking prosecution based solely on conduct. People v. Melara, 2025COA48 (May 15, 2025) Multiple issues including reasonable doubt instructions, plea offers and counteroffers, limitations on defense expert's testimony, severance of charges in subsequent trial after mistrial, child hearsay. People v. Schlehuber, 2025COA50 (May 15, 2025) There is nothing wrong with the 2022 model jury instruction on reasonable doubt. Barnes v. Felix, (May 15, 2025) A court should assess the "totality of the circumstances" and not just the "moment of the threat" when assessing whether an officer's use of deadly force was reasonable. People v. Genrich 2025COA4 (May 15, 2025) The postconviction court did not err in granting Genrich a new trial based on newly discovered evidence. Back before the turn of the century, the government convinced a jury that Genrich committed a series of firebombs based primarily on their expert's testimony claiming he could tell that the tool found in Genrich's apartment was the only tool on the face of the earth that could have made miniscule marks on the bomb's wiring. This type of testimony has since been debunked. Since the expert's testimony is "neutralized" and there was no other direct evidence of identity, a new trial was warranted. Links: People v. Genrich 2025COA49 https://files.constantcontact.com/45bb5db5401/aa2935a4-bc63-4ce2-a8fc-f9f27d17ba0a.pdf?rdr=true In re. People v. Chapman, 2025 CO 19 https://files.constantcontact.com/45bb5db5401/09590032-33f2-4e1f-a65b-b84db400801a.pdf?rdr=true In re. People v. Nkongolo, 2025 CO 20 https://files.constantcontact.com/45bb5db5401/6531875d-4fa0-4f7d-b631-68e90485156a.pdf?rdr=true In re. People v. Crawford, 2025 CO 22 https://files.constantcontact.com/45bb5db5401/83971c90-71e4-4282-8da2-6e3987e9a9ed.pdf?rdr=true People v. Melara, 2025COA48 https://files.constantcontact.com/45bb5db5401/c084e737-7b07-49e7-80e3-1bf39999beea.pdf?rdr=true People v. Schlehuber, 2025COA50 https://files.constantcontact.com/45bb5db5401/7c20e347-4f93-491b-b5c8-081bd97aa0ad.pdf?rdr=true Schlehuber OB https://files.constantcontact.com/45bb5db5401/9469ff6c-fbac-47ae-8524-ec95692c209c.pdf?rdr=true Schlehuber RB https://files.constantcontact.com/45bb5db5401/e260b9ac-abd1-480c-baf4-689dfb314fc1.pdf?rdr=true Barnes v. Felix 5.15.2025 https://files.constantcontact.com/45bb5db5401/6d1b6910-1844-4d88-bebc-8971b31f0d58.pdf?rdr=true Victory Newsletter 19 or 2025 https://files.constantcontact.com/45bb5db5401/de6382e3-1b5b-43de-9cef-fb2acbd8c82c.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