Tag: judge sueanna johnson
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Appeals court reverses assault convictions after jury received no definition of ‘harm’
Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
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Appeals court finds no illegal sentence when defendants forfeit time-served credit
Colorado’s second-highest court ruled on Thursday that criminal defendants may agree to relinquish the credits they earned while incarcerated pending trial, despite a state law guaranteeing that such time “shall be deducted” from a person’s sentence. Kerry Ellis Endsley pleaded guilty in Jefferson County to attempted murder and attempt to disarm a peace officer. His…
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Appeals court overturns Adams County sex offense convictions due to prosecutor’s misconduct
Colorado’s second-highest court reversed multiple child sex assault convictions on Thursday after concluding an Adams County prosecutor committed misconduct while cross-examining the defendant. A three-judge Court of Appeals panel observed the charges against Daniel Michael Boerner depended on the jury either believing the child witnesses’ original accusations or believing their trial testimony, which cast doubt…
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Appeals court clarifies framework for parents’ First Amendment rights in child-naming disputes
Colorado’s second-highest court overturned a Jefferson County judge’s order last week in a long-running dispute about whether two ex-spouses must call their child by his first name or middle name outside the home. In doing so, a three-judge Court of Appeals panel clarified that the standard for restricting a parent’s free speech rights is a…
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Appeals court revives child abuse prosecution despite ex-DA’s ‘inappropriate’ comments to media
Colorado’s second-highest court reinstated the criminal charges in a Fremont County child abuse case on Thursday, acknowledging the elected district attorney’s public comments about the defendant were “inappropriate” but did not rise to the level of triggering dismissal. Last year, a judge dismissed the case against Brook N. Crawford after then-District Attorney Linda Stanley spoke…
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‘We all have to take care of each other’: Appeals judges get personal in Jeffco high school appearance
Three members of the Court of Appeals fielded questions from Jefferson County students on Thursday about the personal aspects of judging, including how they combat their biases and how the cases they hear affect their mental health. Judge Lino S. Lipinsky de Orlov responded that the judges signed up to deal with difficult subject matter,…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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‘Our job is not necessarily to agree’: Appeals judges speak about compromises in decision-making
Members of Colorado’s Supreme Court and Court of Appeals spoke to law students on Friday about when and how they compromise in their decision-making — and when they feel compelled to register disagreement. “We have different considerations than the Supreme Court,” said Judge Sueanna P. Johnson of the 22-member appeals court. “They are doing less than…
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Colorado Supreme Court accepts cases on DNA exoneration, medical negligence, online reviews
The Colorado Supreme Court announced this month it will hear appeals in four cases, including one that questions the level of detail a convicted defendant must provide when asserting the existence of DNA evidence that could exonerate him. At least three of the court’s seven members must agree to take up an appeal. The justices…