May 15, 2026 Cases of Interest

The Supreme Court continues to pull back on plain error review. Here, the COA provided too much justice by finding plain equal protection error, based on People v. Malloy. The Supreme Court reversed because Malloy was not factually identical and, therefore, was not “clear, settled, on-point legal authority.” If this feels like our Court adopting the old federal standard for what constitutes existing authority in the qualified immunity setting – I would agree with you. Sad

People without homes can be prosecuted by municipalities for camping in public places without violating the Colorado Constitution. Sigh… The ordinances do not violate Colorado Constitution article II, section 20’s protection against cruel and unusual punishment. The ordinances do not violate the plaintiff’s right to freedom of movement and to use public spaces under the Colorado Constitution. The ordinances do not violate Colorado’s due process protection against state-created danger.

The trial court violated Garcia’s Sixth Amendment right to confront his accusers and thereby reversibly erred by prohibiting him from questioning the prosecution’s witness about her pending criminal charges in the same judicial district.

The trial court did not abuse its discretion by admitting prosecutorial expert testimony of “Abusive Head Trauma” (AHT) without a Shreck hearing. Not a great case, but the briefs and arguments could be helpful.

Any error concerning the exclusion of defense expert testimony on adolescent brain development was harmless due to overwhelming evidence of guilt concerning the element of deliberation. Not a great case, but the briefs and arguments could be helpful.