Tag: judge ted tow
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Montezuma County man’s drug conviction overturned because prosecution presented skewed narrative
Colorado’s second-highest court last week overturned a Montezuma County man’s drug conviction after concluding a judge allowed the prosecution to present a misleading version of what happened during the defendant’s arrest. At the 2022 trial of Ramon Alberto Dejesus III, jurors saw a series of largely muted videos depicting Dejesus’ arrest and booking into jail. At…
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Colorado Springs not liable for collision resulting from inoperative traffic light, appeals court says
Colorado’s second-highest court ruled last month that the city of Colorado Springs cannot be held liable for a vehicle crash in which traffic lights were functioning normally in one direction and were inoperative in the perpendicular direction. The Colorado Governmental Immunity Act, with limited exceptions, shields public entities from lawsuits over injuries they cause. Its…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…
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Colorado Supreme Court considers whether refunds available for CSU’s pandemic campus closure
The Colorado Supreme Court considered on Wednesday whether students at Colorado State University had a viable claim for refunds after the school closed its campus temporarily during the COVID-19 pandemic while still retaining their fees. On behalf of all people who paid student tuition and fees during the spring 2020 semester, Renee Alderman sued CSU…
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Appeals judge suggests legislature clarify law providing compensation to exonerated defendants
A member of Colorado’s second-highest court suggested last month that lawmakers clarify whether defendants are only supposed to be eligible for compensation when they are innocent of the specific crime they were convicted of, even if there is evidence their conduct still amounted to a different crime. In 2013, the legislature passed the Exoneration Act,…
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Colorado Supreme Court rules technical oversight does not imperil Denver murder conviction
The Colorado Supreme Court decided on Monday that no specific procedure is required to designate a witness as an expert at trial, and the fact that a trial judge neglected to do so in front of the jury did not warrant reversal of a man’s murder conviction. Denver jurors convicted Pete Paul Martinez of stabbing 77-year-old Lewis Easterday to…
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Colorado justices decline to find life sentences unconstitutional for non-triggermen
A life sentence without parole does not violate the constitutional prohibition on cruel and unusual punishment for defendants who did not kill the victim personally, the Colorado Supreme Court ruled on Monday. Prior to 2021, life without parole was the punishment for those convicted of felony murder. A defendant is guilty of felony murder if…
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Technical oversight or key error? Colorado justices weigh reversal of Denver murder conviction
The Colorado Supreme Court appeared doubtful on Tuesday that the failure to formally designate a witness as an expert in front of the jury rose to the level of mistake that would require a new murder trial for the defendant. Denver jurors convicted Pete Paul Martinez of stabbing 77-year-old Lewis Easterday to death near Cheesman Park in 2016. Martinez…
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Law firms may bar attorneys from recruiting away coworkers, appeals court says
Colorado’s second-highest court ruled earlier this month that law firms may prohibit their attorneys from attempting to lure away coworkers while they remain employed at the firm. The rules of professional conduct for attorneys prohibit any agreement that restricts a lawyer’s right to practice after they leave a firm. Earlier this year, the state Supreme Court decided…
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Appeals court confirms no bias by judge who formerly represented defendant
Colorado’s second-highest court ruled on Thursday that a Saguache County judge was not biased against a criminal defendant whose case she briefly worked on during her prior career as a public defender. A jury convicted Donald L. Garcia of motor vehicle theft in a trial presided over by Chief Judge Amanda C. Hopkins. On appeal,…