Tag: Miranda
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No Miranda warning necessary for man repeatedly told he was under arrest: Colorado Supreme Court
Even though Longmont police warned a man four times he was under arrest, told him “we are going to take you to jail” and stood in his doorway, the Colorado Supreme Court on Monday ruled that the man was not effectively in custody at the time. The 4-3 decision from the Supreme Court meant the…
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New trial, further review ordered after Adams County judge’s errors, appeals court rules
An Adams County judge gave jurors an instruction that misrepresented Colorado’s drug possession law, prompting the state’s Court of Appeals last week to reverse the felony conviction of Ashley Morgan. Moreover, a three-judge panel of the appellate court decided District Court Judge Priscilla J. Loew performed an incomplete analysis of whether an Adams County sheriff’s…
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Appeals court finds district attorney violated defendant’s rights with comments
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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Fractured Supreme Court finds Adams County defendant did not invoke right to counsel in custody
Facebook Twitter WhatsApp SMS Email Print Copy article link Save In an unusual decision on Tuesday, the Colorado Supreme Court ruled 5-2 that a criminal defendant did not clearly invoke his constitutional right to an attorney during a police interrogation, even though a majority of the justices actually believed the opposite was true. The appeal…