Supporting Colorado's criminal defense community with weekly summaries of Colorado Court of Appeals and Supreme Court Opinions and practical analysis to better serve your clients.
United States v. Threatt,
The district court violated Rule 32(i)(1)(A) by imposing Threatt’s sentence without first verifying that he and his counsel read and discussed the PSIR. While the text of Colorado’s Rule 32 does NOT place the same burden on the sentencing court, this opinion does provide support for several claims you could litigate based on a defendant’s inability to review a PSIR with counsel before sentencing, including: due process defect in the proceeding, IAC, and allocution impairment. Plus, the panel uses great language reinforcing how little a defendant must do to preserve an issue for appellate review and how the district court “should be well aware of its duty” once the defendant brings the issue to the court’s attention. Lastly, the panel clearly sets forth that it is the prosecution’s burden to establish an error is not harmless, and it is not the defendant’s burden to establish prejudice when an error is preserved.
In re Sponsel,
Prosecutor was suspended by the Arizona Supreme Court from the practice of law for two years after it was uncovered that she filed and maintained charges that were unsupported by the evidence. They found numerous ethical violations relating to her competency, diligence, bringing frivolous claims, and misconduct detrimental to the administration of justice. A good read that should be provided to Colorado prosecutors to encourage their diligent examination of video footage when bringing or maintaining charges.
UNPUBLISHED People v. Smith, Jr.,
This opinion has a depressing analysis of why the trial court did not err by denying Smith’s motion to recuse the judge. I summarize it for two reasons. First, it provides a glaring example of how Colorado’s preservation requirement differs from the standard applied by the Tenth Circuit in Threatt. Second, Judge Taubman points out some ambiguity in the Colorado Supreme Court’s recent pronouncements when reviewing claims that a judge erroneously failed to recuse from a criminal matter.
UNPUBLISHED People v. Gonzalez,
The district court failed to award Gonzalez PSCC for the time she spent in custody awaiting resentencing after being revoked from community corrections.
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