May 1, 2026 Case Summaries

The sexually violent predator (“SVP”) designation and its accompanying requirements do not constitute punishment under the Eighth Amendment to the United States Constitution.

Evans was entitled to an evidentiary hearing on his postconviction claim that counsel provided ineffective assistance by failing to properly explain the risks and benefits of the prosecution’s “soft offer” before he rejected it.

The government used Torrential Downpour to download sexually exploitative materials through an IP address associated with the group home where Slusher was living. Four months later, the government executes a search warrant and finds information on the computers linking Slusher to the materials. He is convicted of possession with the intent to distribute sexually exploitative material and possession of sexually exploitative material. The COA addresses multiple issues and affirms. Issue #1: There was sufficient evidence to support the convictions. Issue #2: The trial court did not err in denying Slusher’s motion to suppress evidence downloaded (without a warrant) using Torrential Downpour because the materials were downloaded from a “shared” folder. Issue #3: The trial court did not err when denying Slusher’s motion for disclosure of the Torrential Downpour software to the defense because Slusher did not establish the materiality of the nondisclosed information. Issue #4: The trial court did not abuse its discretion when denying Slusher’s challenges for cause to four jurors because they were rehabilitated by the judge.

By pleading guilty, Papol waived his claim that the district court did not acquire subject matter jurisdiction over the direct filed murder charges because the error was a procedural defect, not a defect in subject matter jurisdiction.

Rigato’s 106.5 petition was not untimely even though it was filed a day after the deadline because the last day within the deadline was Memorial Day.

The prosecutor’s closing argument was so improper that the Tenth Circuit needed to reverse Petro’s conviction even under the plain error standard.