Episode 417 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 6/20/2025 Cases and Keywords: UNPUBLISHED People v. Henderson, 22CA1121 (June 18, 2025) Where store employees stop a person from successfully taking property in a shoplifting by force scenario, there is insufficient evidence to affirm an aggravated robbery conviction. There is, however, sufficient evidence to support imposition of a conviction for the lesser included offense of attempted aggravated robbery, especially where the parties did not intend an all-or-nothing trial strategy. UNPUBLISHED People v. Phillips, 23CA0864 (June 19, 2025) Reversible plain error occurred because the court's elemental instruction for failure to register omitted the key element that the jury needed to find that Phillips was required to register. United States v. Chavarria, No.23-2102 (D.N.M. June 16, 2025) Use of a car inside a single state to commit a crime does not satisfy the federal jurisdictional requirement that the crime effected interstate commerce. United States v. Tyler, No. 24-6035 (D. OK. June 16, 2025) The police violated Mr. Tyler's Fourth Amendment Rights by unreasonably prolonging his detention beyond the time when the police completed the arrest of a passenger in his car on a failure to appear warrant. United States v Maryboy, 2025 WL 1522549 (10th Cir 5.29.2025) There is a fine line between second-degree murder and involuntary manslaughter. Two errors in the trial court may have led a jury to convict Maryboy of second-degree murder instead of the lesser-included offense of involuntary manslaughter. The plain errors of allowing the FBI agent to opine on Maryboy's mental state and failing to instruct the jury that the government had to disprove imperfect self-defense beyond a reasonable doubt may have led the jury to convict on the former instead of the latter. State v. Adams, 340 Or. App. 661 (2025) Use of AFTE test to determine whether a bullet came from a specific gun. Links: U.S. v. Tyler https://files.constantcontact.com/45bb5db5401/c7732763-57fc-4e9a-b70d-7afb18da0945.pdf?rdr=true United States v Chavarria https://files.constantcontact.com/45bb5db5401/58656f9b-eab1-48ef-a92c-93fd5cc66d4e.docx?rdr=true United States v Maryboy https://files.constantcontact.com/45bb5db5401/9f2053e1-6e7e-4676-8317-f1c231cfefc0.docx?rdr=true 24 of 2025 Victory Newsletter https://files.constantcontact.com/45bb5db5401/f1e20fd1-9e6b-4606-878f-89b7e1b73d30.pdf?rdr=true State v Adams (Oregon 2025) https://files.constantcontact.com/45bb5db5401/d9dafbcd-6805-4755-b028-4a75ac7483ac.docx?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