Tag: judge brian flynn
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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…
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…
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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…