Tag: arapahoe county
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Appeals court clarifies evidence safeguards apply to child welfare caseworkers
Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
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Appeals court overturns orders by Arapahoe County magistrate who did not ‘recall this case’
Colorado’s second-highest court on Thursday overturned a series of orders from a divorce case where an Arapahoe County magistrate admitted he did not recall what was going on but proceeded to rule anyway. A three-judge Court of Appeals panel noted the procedural rules require judges and magistrates to specifically state their findings of facts and…
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Appeals court finds no discrimination in dismissals of jurors of color across 3 cases
Colorado’s second-highest court recently agreed prosecutors did not unconstitutionally remove jurors of color in three criminal cases for racial reasons. The Court of Appeals encountered significant variation in how the trial judges approached the prosecution’s dismissal of each juror. One judge explained the circumstances at length, one judge gave virtually no explanation and the third…
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Appeals court finds constitutional violation with man’s child sex offense
Colorado’s second-highest court concluded on Thursday that an Arapahoe County man’s conviction for unlawful sexual contact on a child violated his constitutional rights and must be vacated. Jurors convicted Lucas Bienvenido Mena in 2021 of multiple sex offenses after hearing he pushed a 12-year-old relative into a bathroom, touched her genitals and took photos of…
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Appeals court dismisses state contractor’s defamation suit against Denver7
Colorado’s second-highest court agreed earlier this month that a former vaccine distribution contractor for the state failed to show Denver7 should be liable for defamation through its series of stories about the company’s problems. Between 2021 and 2022, Denver7 published four articles describing employees of Jogan Health, LLC not receiving payments, false statements in Jogan…
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Appeals court interprets ambiguous phrase in Colorado’s criminal records sealing law
Colorado’s second-highest court last month interpreted for the first time an ambiguous phrase in a 2019 law, and concluded a man convicted two decades ago for securities fraud was not entitled to have his criminal records sealed. Lawmakers enacted House Bill 1275 nearly five years ago to increase the availability of records-sealing for people convicted of less serious…
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A tattoo, the N-word, a different crime: Colorado justices hear appeal of former death row inmate
Almost 20 years after the murders of a young couple in Aurora, the Colorado Supreme Court heard the appeal of the man convicted of orchestrating the killings and who now alleges numerous errors pervaded his trial. Arapahoe County jurors convicted Robert Keith Ray for the 2005 slayings of Javad Marshall-Fields and Vivian Wolfe. He received…
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Appeals court warns lawyers, litigants: You will get in trouble for citing AI-invented cases
Colorado’s second-highest court put attorneys and litigants on notice for the first time on Thursday that they will face consequences if they use artificial intelligence to submit filings with fake citations. A three-judge panel for the Court of Appeals declined to sanction a self-represented plaintiff after he acknowledged and apologized for his mistake. At the…