Tag: Judge Christina Gomez
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Appeals court orders new menacing trial after faulty self-defense instruction
Colorado’s second-highest court ordered a new trial last week for an El Paso County defendant convicted of felony menacing, concluding an erroneous self-defense instruction may have influenced the verdict. Under Colorado law, self-defense is an affirmative defense, meaning the prosecution must disprove at least one component in addition to proving the underlying offense. Judges are…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
‘We’re not there to make you look foolish. We’re really just trying to have a dialogue,’ said Justice William Hood
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
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A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Tina Peters’ contempt finding, $1,500 fine over iPad recording overturned by appeals court
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Colorado’s second-highest court last week overturned the contempt conviction and $1,500 fine for former Mesa County clerk Tina Peters, concluding a trial judge did not make all the necessary findings that Peters had willfully disobeyed a court order. Peters is currently serving a nine-year sentence after a jury found her guilty this year of attempting…
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Colorado appeals court sides with customer sued over negative online review
The Court of Appeals believed Elizabeth Watson’s online statements about her experience with a contractor were ‘substantially true’