Episode 422 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 7/25/2025 Cases: People v. Brennan, 2025COA68 (July 24, 2025); A Colorado court cannot exercise jurisdiction over a defendant for unauthorized use and identity theft based on the defendant's solicitation, from a state other than Colorado, of out-of-state services using a Colorado resident's credit card information without the resident's authorization. UNPUBLISHED People v. Pinheiro, 22CA0853 (July 24, 2025); Issue #1: The trial court erred by applying the Public Safety Exception when refusing to suppress the statements obtained in violation of Miranda. But the error was harmless. Issue #2: The trial court violated Pinheiro's right to allocute, and the matter was remanded for a new sentencing hearing. Unpublished People v. West, 22CA2222 (July 24, 2025): Assuming without deciding that the trial court violated West's right to a jury by sentencing him as a habitual criminal without findings by a jury, the putative error was harmless. United States v. Escobedo-Molina, 2:25-CR-01430-MIS, 2025 WL 1918035, at *1 (D.N.M. July 11, 2025); A federal judge dismissed criminal charges with prejudice due to the U.S. Attorney's Office's inattention to the defendant's statutory and constitutional rights during his removal. U.S. v. Goldesberry, 128 F.4th 1183 (10th Cir. Feb. 19, 2025); The court vacated Goldesberry's conviction for aggravated sexual abuse of a minor in Indian Country, finding the evidence of mens rea was at best, in "equipoise" – a tie. Under the requirement for proof beyond a reasonable doubt, a "tie" means that the evidence was insufficient. Johnson v. United States, 24-1221, 2025 WL 1966390, (2d Cir. July 17, 2025); Relief under a petition for coram nobis was appropriate where the jury entered a general verdict and one of the two government theories of guilt was later invalidated by a SCOTUS decision. Links: People v. Brennan, 2025COA68 (July 24, 2025) https://files.constantcontact.com/45bb5db5401/8fae2c03-194e-4173-9c3b-c5625e8af0f1.pdf?rdr=true UNPUBLISHED People v. Pinheiro, 22CA0853 (July 24, 2025) https://files.constantcontact.com/45bb5db5401/2f547e88-c436-47aa-92d3-704a189bf1c9.pdf?rdr=true Unpublished People v. West, 22CA2222 (July 24, 2025) https://files.constantcontact.com/45bb5db5401/cc1c4cfa-8ebc-41fe-80f6-a525f596e7dc.pdf?rdr=true United States v. Escobedo-Molina, 2:25-CR-01430-MIS, 2025 WL 1918035, at *1 (D.N.M. July 11, 2025) https://files.constantcontact.com/45bb5db5401/f14451d7-fd4e-4178-b49d-7ee9f3ce4f08.docx?rdr=true U.S. v. Goldesberry, 128 F.4th 1183 (10th Cir. Feb. 19, 2025) https://files.constantcontact.com/45bb5db5401/676f1801-8ffc-4bc0-a85c-b727e3e0b540.docx?rdr=true Johnson v. United States, 24-1221, 2025 WL 1966390, (2d Cir. July 17, 2025) https://files.constantcontact.com/45bb5db5401/8b6ca9c9-829d-49e7-82bb-ede15e7b4eda.docx?rdr=true Victory Newsletter 28 or 2025 https://files.constantcontact.com/45bb5db5401/dd05fefe-9926-41a1-927b-516451591e69.pdf?rdr=true Victory Newsletter 29 of 2025 https://files.constantcontact.com/45bb5db5401/d1d84c57-5e92-467f-84eb-af584a1d864d.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