Tag: felony murder
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Appeals judge urges restraint in labeling new offenses serious across board
A member of the state’s second-highest court urged his colleagues on Thursday to pump the brakes before declaring new offenses “grave or serious” in every possible scenario. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be grossly disproportionate to the crime. Consequently, when judges in Colorado examine the constitutionality of a…
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Colorado justices weigh unique defense to murder for non-triggermen
Some members of the Colorado Supreme Court on Wednesday signaled their agreement with the notion that a defendant need not admit to committing an underlying offense in order to assert a defense to the more serious crime of felony murder. Felony murder is a unique offense, in which a defendant is guilty if he participates in…
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Colorado justices decline to find life sentences unconstitutional for non-triggermen
A life sentence without parole does not violate the constitutional prohibition on cruel and unusual punishment for defendants who did not kill the victim personally, the Colorado Supreme Court ruled on Monday. Prior to 2021, life without parole was the punishment for those convicted of felony murder. A defendant is guilty of felony murder if…
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El Paso County felony murder conviction overturned after appeals court cites numerous errors
Colorado’s second-highest court last month ordered a new trial for a woman convicted of felony murder in El Paso County, finding multiple errors that were not individually damaging compromised the fairness of her trial when taken together. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be guilty…
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Colorado’s justices hesitant to find lifetime sentences unconstitutional for felony murder
Members of the Colorado Supreme Court on Monday gave an unenthusiastic reception to the idea that defendants currently serving life without the possibility of parole for felony murder are subject to cruel and unusual or “grossly disproportionate” sentences. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be…
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As Colorado Supreme Court weighs life without parole for felony murder, ex-lawmaker casts doubt on state’s argument
As the Colorado Supreme Court sits down on Monday to decide whether defendants convicted of felony murder prior to 2021 should receive new sentences less severe than life without the possibility of parole, a key legislative change will play a prominent role in the legal analysis. However, according to the lawmaker who led the effort…