Tag: John Daniel Dailey
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Garfield County judge wrongly imposed contempt sanction on mother, appeals court finds
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Colorado’s second-highest court has found a Garfield County judge was wrong to impose a $50 fine on a mother for failing to follow a court order and arrange summer tutoring for her daughter. Judges may hold someone in contempt for disobeying an order, with two types of sanctions available. A punitive sanction, according to the…
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Appeals court finds district attorney violated defendant’s rights with comments
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A prosecutor in Morgan County crossed the line by implying a defendant was guilty because he chose to exercise his constitutional right to stay silent, Colorado’s second-highest court ruled last week. The Fifth Amendment protects a criminal defendant’s right against self-incrimination, and it is part of the Miranda warning a suspect receives in custody. The…
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Appeals court reverses Mesa County murder conviction after faulty jury instruction
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Colorado’s second-highest court has found a Mesa County judge provided a jury instruction that was unsupported by the evidence, requiring reversal of the defendant’s 2019 murder conviction. Although the defense attorney for Joseph William Peace did not object to the faulty self-defense instruction at the time, a three-judge panel for the Court of Appeals deemed…