Tag: jury instruction
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Divided appeals court reverses murder convictions due to faulty self-defense instruction
Colorado’s second-highest court concluded last week that an incomplete self-defense instruction required the reversal of an El Paso County defendant’s murder convictions. Demetrius Montez Martin was among those present late at night at a club in Colorado Springs. An argument ensued and Martin got in his vehicle and drove off. Someone fired multiple gunshots in…
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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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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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Colorado Supreme Court to hear 2 Denver criminal appeals
The justices may also intervene in an ongoing criminal case to determine if the defendant is entitled to a fifth competency evaluation
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Colorado Supreme Court to review case of spiritual leader found guilty of child abuse
The Colorado Supreme Court announced on Monday that it will review whether the Court of Appeals correctly overturned a woman’s felony convictions for child abuse resulting in death due to an inadequate jury instruction. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood farm…
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Assault, murder convictions reversed in 2 cases for judges’ errors
Colorado’s second-highest court on Thursday reversed two sets of criminal convictions because trial judges gave improper instructions to jurors or incorrectly allowed damaging evidence to be heard. In the first case out of Jefferson County, jurors convicted Clinton Eugene Priest of murdering and assaulting Robert Miller after the two men got into a physical confrontation outside…
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Felony child abuse convictions overturned in high-profile case due to instruction error
Colorado’s second-highest court reversed a woman’s felony convictions for child abuse resulting in death last month after concluding the instructions that a San Miguel County judge provided the jury did not include the necessary language. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood…