Tag: Court Of Appeals
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Colorado justices, 4-3, order new murder trial due to wrongfully excluded evidence
The Colorado Supreme Court agreed on Monday that a trial judge incorrectly faulted a defendant for refusing to cooperate in a mental health examination, even though the state’s hospital was the entity that botched its responsibility to evaluate her during the windows where she was competent. However, by 4-3, the justices concluded that the judge…
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Error-prone Douglas County judge triggers another reversal of criminal convictions
Colorado’s second-highest court overturned a defendant’s Douglas County convictions on Thursday due to the error of a judge whose actions have triggered a disproportionate number of reversals to convictions and sentences in recent years. Since 2021, the Court of Appeals has found problems in multiple criminal cases handled by former District Court Judge Patricia Herron.…
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Appeals court finds no requirement for different judge to handle attorney-client conflict hearings
Colorado’s second-highest court rejected a defendant’s argument on Thursday that a judge improperly heard about a potential conflict between himself and his lawyer right before sentencing, and the man’s reaction could have “tainted” the sentencing decision. In September 2023, Anthony Palermo pleaded guilty in Huerfano County to harassment and assault. Before his sentencing hearing, Palermo…
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The influencers? Some Colorado appeals judges outpace colleagues in setting legal precedent
A handful of judges on Colorado’s second-highest court are producing substantially more precedent-setting opinions than their colleagues, which create binding interpretations of the law that reach beyond individual cases. The Court of Appeals issues approximately 1,700 opinions each year. A small number receives state Supreme Court review, but the appellate court is otherwise the final…
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Colorado justices weigh fairness concerns after defendant prevailed despite ghosting case
Members of the Colorado Supreme Court struggled on Tuesday to balance the need for one defendant to shield itself against a plaintiff’s claim that its employee sexually assaulted her child, and the fact that the employee legally admitted the allegations against him by failing to participate in nearly all of the civil case. A plaintiff…
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10th Circuit judge creates vacancy, district court gets new chief judge | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A longtime member of the Denver-based federal appeals court will give the president a vacancy to fill, plus Colorado’s federal trial court will see a change in its leadership this week. Colorado Supreme Court update • At some point today, the…
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Appeals court divided over effect of retroactive sentence on parole calculation
Colorado’s second-highest court grappled last week with the framework for calculating a defendant’s earliest possible parole date in light of two intersecting legal principles — a judge’s ability to make an order retroactive, and the requirement that separate, simultaneous sentences be treated as one continuous sentence. By 2-1, a three-judge Court of Appeals panel decided…
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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Colorado Supreme Court accepts cases about reliability of gun-to-bullet matching
The Colorado Supreme Court announced on Monday that it will hear two cases questioning the reliability of expert testimony that purports to identify whether a specific bullet was fired from a specific gun. At least three of the court’s seven members must agree to take up a case on appeal. There is currently one vacancy,…
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Colorado Supreme Court to review child custody decision
The Colorado Supreme Court announced on Monday that it will review whether the state’s second-highest court described the correct framework for deciding whether to terminate a parent’s legal rights over a child. At least three of the court’s seven members must agree to hear a case on appeal. Currently, there is one vacancy that will…