Episode 428 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 9/12/2025 Cases: People v. Hollis, 2025 CO 54 (Sept. 8, 2025); The government can't seek reimbursement for unrecovered buy money as restitution under § 18-1.3-602(3)(a) and (b). People v. Hudson, 2025 CO 52 (Sept. 8, 2025); A person can be guilty of unlawful possession of a financial device for possessing a debit card with someone else's name on it where the prosecution does not establish that the debit card could be used to obtain a thing of value. People v. Ray, 2025 CO 42M (originally issued June 23, 2025, but modified September 8, 2025); The Court cleans up its factual and legal errors in this modified opinion, including revisions to cruel and unusual punishment section. In re. Stanley, 2025 CO 51 (Sept. 8, 2025) Justice Hood affirming the decision of the hearing board to disbar Linda Stanley, the DA of the 11th JD. In reaching this result, the majority concludes that, 1. the Presiding Disciplinary Judge ("PDJ") did not err when denying Stanley's motion to disqualify; and 2. Stanley did not violate Rule 5.1(b); and 3. Stanley did violate Rules 8.4(a) and 8.4(d); 4. Disbarment was the appropriate sanction. People v. Woo, 2025COA77 (Sept. 11, 2025); Issue #1: The order denying a motion for return of property while postconviction proceedings are occurring is a final order for purposes of appeal. Issue #2: The district court erred in summarily denying Woo's motion for the return of his property because the prosecution failed to present sufficient evidence (at that stage) that Woo was not entitled to the return of his property. Links: People v. Hollis https://files.constantcontact.com/45bb5db5401/fc7aa48a-97e6-4ba6-9a28-f3d41dd10d24.pdf?rdr=true People v. Hudson https://files.constantcontact.com/45bb5db5401/cc4e2f92-702e-429c-810f-ca57e9efb865.pdf?rdr=true People v. Ray Modified Clean https://files.constantcontact.com/45bb5db5401/d55c6b0b-2e50-4cb0-a58c-8ac88497b913.pdf?rdr=true People v. Ray Greenlined Modifications https://files.constantcontact.com/45bb5db5401/767675ba-71da-45dd-82ba-91161ed58afe.pdf?rdr=true People v. Ray Pet. 4 Rehearing https://files.constantcontact.com/45bb5db5401/ec748f31-e690-4398-9fe7-d5e98ad4536c.pdf?rdr=true In re. Stanley https://files.constantcontact.com/45bb5db5401/0e9fee4e-c907-4042-9f4b-237db0a3ebd9.pdf?rdr=true People v. Woo, 2025COA77 https://files.constantcontact.com/45bb5db5401/33aa9855-8053-468e-b6cb-27762a46f862.pdf?rdr=true 36 of 2025 Victory Newsletter https://files.constantcontact.com/45bb5db5401/41c70ed0-f409-458a-9081-fe11b7ea38e2.pdf?rdr=true Magistrate Rues Change 9.8.2025 https://files.constantcontact.com/45bb5db5401/e54d508b-b205-4341-be11-dd7c3e60ccb2.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