Tag: judge terry fox
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
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Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
A man serving a life sentence for murder will receive a new trial after Colorado’s second-highest court concluded last week that law enforcement unconstitutionally used a “shortcut” to unlock his phone in time for his original trial. In reaching its conclusion, a three-judge panel for the Court of Appeals rejected the idea that a cell…
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Appeals court finds numerous errors in 2 Mesa, El Paso County trials but upholds convictions
Colorado’s second-highest court determined last week that numerous errors, including prosecutorial misconduct, pervaded a pair of criminal trials, but the missteps were not severe enough to warrant reversal of the defendants’ convictions. In El Paso County, jurors convicted Daniel Caleb Schwenk of assault and menacing, but could not reach consensus on an attempted murder charge.…
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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…
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Divided appeals court rules child neglect determinations cannot hinge on uncertain effects of drug exposure
Colorado’s second-highest court ruled on Thursday that a recent change to the state’s child neglect laws requires more than just the possibility an infant exposed to drugs at birth will experience negative health effects in the future. Prior to 2020, a court could declare a child neglected if, among other things, they tested positive at…
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Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
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Colorado Supreme Court, 5-2, says no new trial following ‘overt, in-court racism’
The Colorado Supreme Court concluded on Monday that a Black defendant did not deserve a new trial after one juror disclosed he moved to the overwhelmingly White jurisdiction because he “didn’t want diversity,” and the trial judge refused to dismiss him for bias. By 5-2, the court believed Reginald Keith Clark had not shown the…