Tag: judge adam espinosa
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Appeals court overturns Denver strangulation conviction for improper expert testimony
Colorado’s second-highest court reversed a Denver man’s assault conviction on Thursday, finding an expert’s testimony about the potential risks of strangulation had no bearing on the facts of the case. Phillip L. Bauereiss and the victim got into an argument. Jurors heard that Bauereiss allegedly took a dog leash and wrapped it around the victim’s…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
Members of the Colorado Supreme Court suggested on Wednesday that Denver police could have moved more rapidly to obtain a search warrant for a man’s vehicle, but at the same time they doubted the delay amounted to a constitutional violation. A trial judge previously barred prosecutors from using evidence of narcotics found in Arthur Mills’…
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Denver man’s shooting not covered under ‘Make My Day’ immunity, Colorado Supreme Court rules
A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots. Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man…