Tag: hearsay
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Appeals court overturns juvenile’s conviction based on Safe2Tell tip
Colorado’s second-highest court determined last week that a Weld County magistrate improperly relied on an anonymous tip through the state’s Safe2Tell program when she found a juvenile defendant had participated in vandalizing a high school. Surveillance video captured two people spray painting a school building. Administrators subsequently received a tip identifying one of the suspects…
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Despite trial error, 10th Circuit upholds Mesa County man’s child sex convictions
Although a trial judge wrongly permitted jurors to see a 9-year-old video of a child victim’s accusations, the federal appeals court based in Denver upheld the sex-related convictions of a Mesa County man last month. Michael Tracy McFadden was originally convicted in state court for sexually assaulting multiple children, including on trips out of state through his…
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Appeals court reverses Adams County attempted murder conviction due to experts’ improper testimony
Colorado’s second-highest court last month overturned a man’s attempted murder conviction because prosecutors failed to establish a chain of custody for the defendant’s DNA and fingerprint evidence that allegedly tied him to the crime. Jurors heard from two forensic analysts who matched Julian Vigil to the gun that was used to shoot the victim in…
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Assault, murder convictions reversed in 2 cases for judges’ errors
Colorado’s second-highest court on Thursday reversed two sets of criminal convictions because trial judges gave improper instructions to jurors or incorrectly allowed damaging evidence to be heard. In the first case out of Jefferson County, jurors convicted Clinton Eugene Priest of murdering and assaulting Robert Miller after the two men got into a physical confrontation outside…
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Colorado Supreme Court to review limits on negligence claims in case over Denver restaurant fire
The Colorado Supreme Court announced on Monday that it will review whether a judicially created rule barring certain types of negligence claims applies when a defendant acts recklessly to cause an injury. At least three of the court’s seven members must agree to take up an appeal. The justices also signaled they may intervene in…