Tag: judge christina gomez
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Colorado Supreme Court to hear cases on witness retaliation, slip-and-fall
The Colorado Supreme Court announced on Monday that it will decide whether defendants can be convicted of retaliating against a victim or witness when that person has not yet testified and is not scheduled to testify. At least three of the court’s seven members must agree to hear a case on appeal. There is currently…
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Appeals court orders new menacing trial after faulty self-defense instruction
Colorado’s second-highest court ordered a new trial last week for an El Paso County defendant convicted of felony menacing, concluding an erroneous self-defense instruction may have influenced the verdict. Under Colorado law, self-defense is an affirmative defense, meaning the prosecution must disprove at least one component in addition to proving the underlying offense. Judges are…
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Divided appeals court overturns defendant’s $350,000 restitution obligation
Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Appeals court clarifies path for claiming lawyer was constitutionally ineffective in contempt proceedings
Colorado’s second-highest court on Thursday clarified that people who are held in contempt of court do have a way to challenge their convictions based on their lawyer’s allegedly ineffective assistance. The U.S. Supreme Court has long recognized that a convicted defendant may argue their constitutional rights were violated because their attorney’s performance was objectively unreasonable in a…
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Appeals court interprets ambiguous phrase in Colorado’s criminal records sealing law
Colorado’s second-highest court last month interpreted for the first time an ambiguous phrase in a 2019 law, and concluded a man convicted two decades ago for securities fraud was not entitled to have his criminal records sealed. Lawmakers enacted House Bill 1275 nearly five years ago to increase the availability of records-sealing for people convicted of less serious…
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2 appeals judges warn of diverging interpretations to Colorado’s free speech protection law
Two members of Colorado’s second-highest court warned in separate cases on Thursday that they believe judges are drifting away from the legislature’s directive for evaluating whether defamation lawsuits should be dismissed under a 2019 law designed to protect free speech. More than two years ago, Judges Ted C. Tow III and Michael H. Berger were…
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Defamation suit may proceed against conservative radio outlet, talk show host: appeals court
A former executive of Denver-based Dominion Voting Systems may proceed with his defamation lawsuit against the owner of a conservative talk radio station and one of its hosts, Colorado’s second-highest court ruled on Thursday. The latest in a string of recent decisions favoring plaintiff Eric Coomer, a three-judge panel for the Court of Appeals concluded Coomer…
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Tina Peters’ contempt finding, $1,500 fine over iPad recording overturned by appeals court
Colorado’s second-highest court last week overturned the contempt conviction and $1,500 fine for former Mesa County clerk Tina Peters, concluding a trial judge did not make all the necessary findings that Peters had willfully disobeyed a court order. Peters is currently serving a nine-year sentence after a jury found her guilty this year of attempting…
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Colorado Supreme Court takes up 6 cases on involuntary intoxication, malicious prosecution, child neglect trials
The Colorado Supreme Court announced on Monday it will hear appeals in six cases, including the question of whether a person can claim he knowingly ingested one substance that was secretly laced with another behavior-altering substance as a defense to criminal charges. At least three of the court’s seven members must agree to grant an…