Tag: judge matthew barrett
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Colorado appeals court orders new sentencing for Tina Peters, upholds convictions
Colorado’s second-highest court determined on Thursday that a trial judge improperly sentenced former Mesa County clerk Tina Peters based upon her exercise of protected speech, while at the same time upholding her convictions. The three-judge Court of Appeals panel also concluded that President Donald Trump’s attempted pardon of Peters for state-level convictions last year was…
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Appeals court says defendants must pay restitution even if prosecution ‘undercharges’ them
Colorado’s second-highest court ruled on Thursday that criminal defendants must still pay financial restitution to their victims for the losses they cause, even if they are convicted of a crime that caps the dollar amount at something less. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. Restitution means…
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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 to analyze revisions to child neglect law
The Colorado Supreme Court announced on Monday it will decide whether a recent change to the state’s child neglect law requires more than speculation that a parent’s drug use will cause future, negative effects on a newborn. At least three of the court’s seven members must agree to hear a case on appeal. The justices…
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Appeals court warns against questioning service animals’ status based on ‘suspicions’
Colorado’s second-highest court on Thursday warned that public entities may not ask a disabled person to provide more information about their service animal than what federal regulations allow, regardless of whether they harbor “legitimate suspicions” about the animal’s status. A three-judge panel for the Court of Appeals determined it was a “close call” whether Dustin…