Tag: counterman
-
Appeals court overturns woman’s conviction, finds defect in template jury instructions
Colorado’s second-highest court overturned a criminal conviction from La Plata County on Thursday, concluding it was the “rare case” in which the template jury instructions incorrectly describe how jurors can find someone guilty of retaliating against a witness. The jury that convicted Erin Amber Trujillo was instructed it could find her guilty if she directed…
-
SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
-
Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…