Episode 434 - OADC Weekly Case Law Update

This podcast covers case summaries distributed on 12/5/2025 Cases: People v. Romero, 2025COA91 (November 26, 2025); COA holds that a hatchet qualifies as a "knife" under the 2022 menacing statute, reasoning that anything with a handle and blade designed for cutting meets the definition, thus sustaining the felony charge. People in Interest of N.G., 2025COA92 (December 4, 2025); Division affirms involuntary commitment order under § 27-81-112 for person with incapacitating alcohol use disorder—a matter of first impression with potentially useful insights for representing clients with substance use disorders. UNPUBLISHED People v. Thompson, 22CA1590 (November 26, 2025); DA improperly cross-examined defense expert Dr. Danielson with irrelevant and misleading information, though error didn't require reversal here; be prepared to object vigorously to protect this important expert's testimony. UNPUBLISHED People v. Cramer, 23CA1481 (November 26, 2025); Sentencing court failed to make adequate § 18-1.3-603(1) finding that prosecution sought restitution and defendant was liable, rendering any subsequent restitution order illegal and non-waivable. UNPUBLISHED People v. Bouchard, 24CA0507 (December 4, 2025); Court illegally imposed separate $163 victims' assistance surcharges on each of fourteen felony convictions instead of single surcharge required by § 24-4.2-104(1)(a)(I). U.S. v. Honors, No. 24-3118 (November 26, 2025); District court erred by reopening final sentence to add no-contact order during incarceration; even if courts have inherent authority to impose NCO as civil injunction, rare and compelling circumstances required weren't present, and imposing NCO as supervised release condition unconstitutionally intruded on familial relations given 60-year sentence. Links: People v. Romero 2025COA91 https://files.constantcontact.com/45bb5db5401/c5cfa6a7-2555-425c-9c34-fa183b543987.pdf?rdr=true People in Interest of N.G. 2025COA92 https://files.constantcontact.com/45bb5db5401/617c61ea-18ce-4f9e-9858-2a6ffd3ab2b8.pdf?rdr=true 24CA0507 Peo v Bouchard 12-04-2025 https://files.constantcontact.com/45bb5db5401/4245d5b4-11c4-4416-bb4d-203405edb0fd.pdf?rdr=true 22CA1590 Peo v Thompson 11-26-2025 https://files.constantcontact.com/45bb5db5401/874411db-a64c-4bdb-a751-d4f3a5ff1bb4.pdf?rdr=true 23CA1481 Peo v Cramer 11-26-2025 https://files.constantcontact.com/45bb5db5401/e8880175-d65c-4a9a-81f0-ef9f01deef1e.pdf?rdr=true U.S. v. Honors 24-3118 https://files.constantcontact.com/45bb5db5401/159e3437-0104-4952-bd2e-45e5cd73b278.pdf?rdr=true Victory Newsletter 47 of 2025 https://files.constantcontact.com/45bb5db5401/0094a2cd-0cbe-48cd-99c6-3086b4fd7c35.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