Tag: boulder county
-
Colorado justices block testimony of autism behaviors in Boulder County murder prosecution
The Colorado Supreme Court on Monday blocked a defendant accused of a cold case murder from introducing testimony about how his autism spectrum disorder may have contributed to behavior police perceived as deceptive. The court’s unsigned Sept. 8 order stated, without elaboration, that the intended expert testimony did not meet the requirements of state law.…
-
Flood sirens used in one Texas flood disaster town came from Colorado
Facebook Twitter WhatsApp SMS Email Print Copy article link Save During the Central Texas flooding in the early hours of the July 4 weekend that has claimed over a hundred lives, the small town of Comfort was using sirens manufactured in Colorado to warn people to higher ground. The two sirens had been installed less…
-
Appeals court rejects allegations of racial discrimination in jury selection in 2 cases
Colorado’s second-highest court ruled last month that prosecutors in two cases did not engage in intentional racial discrimination when they dismissed two women of color from the jury pool. Under longstanding U.S. Supreme Court precedent, purposeful race-based discrimination in jury selection is unconstitutional. Normally, parties may exercise “peremptory strikes” of jurors without citing a reason.…
-
Colorado justices allow sentences of probation after prison, even though prison-plus-probation illegal
Even though the Colorado Supreme Court ruled five years ago that sentences of prison plus probation are illegal, the justices decided on Monday that judges were permitted to fix those sentences by imposing basically the same punishment. In its 2019 decision of Allman v. People, the Supreme Court ruled that state law treats probation as an…
-
Colorado justices say child welfare workers not required to give Miranda warning before interrogating parents
The Colorado Supreme Court ruled on Monday that child welfare workers are not required to give a Miranda warning to parents before interrogating them in custody, even if the interview or the notes will later be shared with prosecutors and used against the parent at trial. Miranda warnings, named after the landmark U.S. Supreme Court…
-
Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…
-
Colorado justices weigh constitutional implications of livestreaming criminal trials
With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
-
Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
-
Boulder County prosecutors’ evidence insufficient for attempted murder charges, appeals court agrees
Colorado’s second-highest court agreed last week that Boulder County prosecutors fell short of demonstrating a man likely attempted extreme indifference murder against multiple SWAT officers when he set off an explosion in his hotel room, causing window damage without any injuries. Prosecutors charged Leon Kiyoshi Gladwell with attempted extreme indifference murder. Under Colorado law, a person…
-
Colorado justices to examine whether alleged victim’s ‘dream journal’ should be barred from trial
The Colorado Supreme Court signaled last week that it may intervene in an ongoing prosecution out of Boulder County in which a trial judge has prohibited prosecutors from using an alleged sex assault victim’s childhood journal at trial, containing evidence of her abuse. One week before Mark Allan Hochwender was scheduled to face trial on…