Episode 418 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 6/27/2025 Cases and Keywords: People v. Gallegos, 2025 CO 41 (June 23, 2025); The plain language of the felony murder affirmative defense statute does not require that a defendant admit that they committed the predicate offense. People v. Schnorenberg, 2025 CO 43 (June 23, 2025); The trial court erred by prohibiting Schnorenberg from testifying that he based his decisions on the advice of counsel when the evidence was offered to establish Schnorenberg's state of mind, not the truth of the matter asserted. Randolph v. People, 2025 CO 44 (June 23, 2025); The words "for the purpose of" in the statute does not create a mens rea requirement, therefore the Court presumes that the legislature intended a 'knowingly' mens rea. Rios v. People, 2025 CO 46 (June 23, 2025); Non-trivial closure of courtroom was constitutional under Waller v. Georgia, 467 U.S. 39 (1984), so reversal was not required. People v. Bialas, 2025 CO 45 (June 23, 2025); The trial court's decision to remove all spectators from the courtroom based on misconduct by some of the spectators was a nontrivial closure that violated Bialas's Sixth Amendment right, even though the removed spectators could view the proceedings over Webex. This closure was not justifiable under the four factors set forth in Waller v. Georgia, 467 U.S. 39 (1984), and reversal was required. People v. Ray, 2025 CO 42 (June 23, 2025); Despite numerous errors, the Court affirmed the conviction. Links: People v. Gallegos, 2025 CO 41 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/bed1bb60-4f91-4b70-8243-ef800e6b1678.pdf?rdr=true People v. Schnorenberg, 2025 CO 43 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/3452c8cd-f030-4173-b5f1-db9ea97a150d.pdf?rdr=true Randolph v. People, 2025 CO 44 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/b87ba158-4114-4fa4-99a6-4d517fa825be.pdf?rdr=true Rios v. People, 2025 CO 46 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/cdd09702-b738-4742-84c4-ce0bb566a89c.pdf?rdr=true People v. Bialas, 2025 CO 45 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/f937f90c-48c6-4fae-8eb3-caa6c1e15ca7.pdf?rdr=true People v. Ray, 2025 CO 42 (June 23, 2025) https://files.constantcontact.com/45bb5db5401/f5a91932-2fd9-4b03-9d99-d43cb5a68682.pdf?rdr=true Rule Change: CRE 804(3)- Statement Against Interest https://files.constantcontact.com/45bb5db5401/3ddbc18f-2dff-4bf8-94de-1e88a3e0e57c.pdf?rdr=true Rule Change 2025(14) https://files.constantcontact.com/45bb5db5401/0eadf069-54d0-4caf-988a-652838f36a55.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