Tag: criminal trial
-
Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
-
‘Mental gymnastics’: Lawyers, judge dissect Colorado Supreme Court’s racial bias rule for jury selection
Lawyers from the prosecution and defense communities, along with a trial judge, attempted on Thursday to demystify a recent rule change addressing racial discrimination in criminal jury selection, with some head-scratching about what the Colorado Supreme Court had actually done. “The proposal initially was not to clarify a complicated area of law, but was an…
-
Appeals judge to Supreme Court: Please endorse a single reasonable doubt definition for Colorado
A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to endorse one definition of “reasonable doubt” for trial judges to use — out of the three versions currently on the table. Colorado’s template jury instructions for criminal trials used to explain reasonable doubt as a doubt, based upon reason and common…
-
10th Circuit finds no issue with pro-police robocall mysteriously played during criminal trial
The federal appeals court based in Denver declined last month to overturn a defendant’s drug conviction on account of a bizarre announcement that played over the speakers mid-trial warning about “criminals” who want to “defund the police.” A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also refused to order a…