REPORTED CASES

People v. Sanchez, __ P.3d __, 07CA2412 (Colo. App. Jun. 24, 2010) (there was an inconsistency between the jury verdicts for attempted first degree murder and those for first and second degree assault under the heat of passion, but the inconsistency did not require reversal because the existence or absence of heat of passion is not a necessary element of either assault charge)

Crumb v. People, 230 P.3d 726 (Colo. 2010) (the trial court abused its discretion by denying the defendant's motion to withdraw his guilty plea, because the trial judge impermissibly participated in the plea negotiations that led to the guilty plea)

People v. Alley, __ P.3d __, 07CA2325 (Colo. App. Mar. 4, 2010) (trial courts are given wide latitude in determining the admissibility of an intoxicated witness's testimony, and it is the jury's role to determine the witness's credibility)

People v. Everett, __ P.3d __, 07CA2368 (Colo. App. Feb. 4, 2010) (sentence vacated because district court misapplied crime of violence enhancer)

People v. Laeke, __ P.3d __, 08CA79 (Colo. App. Nov. 25, 2009) (order of commitment vacated because defendant had a constitutional and statutory right to a jury trial even though the prosecution confessed insanity)

Edwards v. People, 196 P.3d 1138 (Colo. 2008) (an offender who has earned presentence confinement credit is entitled to have that credit deducted from his mandatory parole)

People v. Crumb, 203 P.3d 587 (Colo. App. 2008) (judge's comparison of post-plea sentence with post-trial sentence and comment that "I'm not going to be a happy judge if the People tell me we don't have a deal" was impermissible participation in plea discussions, but harmless error), rev'd, Crumb v. People, 230 P.3d 726 (Colo. 2010)

United States v. Zapata, 546 F.3d 1179 (10th Cir. 2008) (an objection to a jury instruction by one defendant is not sufficient to preserve the issue for appeal for another defendant)

Leyva v. People, 184 P.3d 48 (Colo. 2008) (correction of an illegal sentence renews the statutory three-year deadline for filing a petition for postconviction relief)

People v. Wallin, 167 P.3d 183 (Colo. App. 2007) (defendant's sentence was vacated because the trial court erred by denying his request for conflict-free counsel at his sentencing hearing)

People v. Reese, 155 P.3d 477 (Colo. App. 2006) (for purposes of proportionality review, second degree forgery and attempted escape by walking away from a facility are not grave and serious offenses, but robbery is a per se grave and serious offense)

People v. Martinez, 128 P.3d 291 (Colo. App. 2005) (prior misdemeanor convictions fall within the Apprendi prior conviction exception)

Verdecia v. Adams, 327 F.3d 1171 (10th Cir. 2003) (prison officials were entitled to qualified immunity in suit alleging Eighth Amendment violation for placing prisoner in a cell with gang members who assaulted him because of his Cuban nationality)

Farmer v. Perrill, 288 F.3d 1254 (10th Cir. 2002) (prison officials were not entitled to qualified immunity in suit alleging a strip search of a prisoner in front of other prisoners and prison officials in violation of the Fourth Amendment)

Farmer v. Perrill, 275 F.3d 958 (10th Cir. 2001) (prisoner's Bivens action alleging Eighth Amendment violation was barred by dismissal of her FTCA action)