Tag: jury trial
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Douglas County sex offense convictions overturned because judge let biased juror serve
Colorado’s second-highest court last week reversed a man’s sexual assault convictions because a Douglas County judge allowed a biased juror to serve. Jurors convicted Dennis Floyd Ladd of multiple sex offenses in 2022 and he received an indefinite sentence of at least 25 years. During jury selection, his lawyer asked the jury pool if they would…
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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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Colorado justices, 4-2, rule tenants have right to a jury trial in eviction cases
Noting that trial judges across the state are routinely denying tenants the ability to have a jury hear their eviction cases, the Colorado Supreme Court ruled on Monday that certain types of disputes do qualify for a jury trial after all. By 4-2, the Supreme Court’s majority acknowledged the concern that county courts, where evictions…
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Appeals court upholds 2 murder convictions, rejecting complaints about jurors’ use of devices
Colorado’s second-highest court recently upheld the murder convictions of two defendants who claimed it was inappropriate that jurors were allowed to simulate the pressure of a trigger-pull with a mechanical device and to use a calculator during deliberations. In the first case out of Denver, a jury convicted Samuel J. Robinson of second-degree murder for…
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‘Pick your battles’: Federal judge walks lawyers through do’s and don’ts of jury instructions
Jury instructions should be relevant, accurate, brief and understandable. Those were the key points emphasized by U.S. District Court Senior Judge Christine M. Arguello on Friday during a presentation to lawyers at the federal courthouse in downtown Denver. She said the “straw that broke the camel’s back” and prompted her to speak publicly about the…
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El Paso County judge wrongly revoked father’s jury trial in child neglect case, appeals court finds
Colorado’s second-highest court ruled on Thursday that an El Paso County judge wrongly revoked a father’s choice of a jury trial in his child neglect case because the man had failed to appear two years earlier for a separate proceeding. Under Colorado law, parents have the right of a jury trial to determine whether a…
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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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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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Find the bias: Chief federal judge, lawyers talk about how to select a jury
For lawyers participating in jury selection in federal court, the key is to identify biased jurors, while also remaining conversational, taking notes, and paying attention to basic details. “It is a very frequent occurrence that I’ve clarified how the juror pronounces his or her name and the attorney gets up there and butchers it because…
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Colorado justices signal intervention in 4 ongoing cases, including jury trials for evictions and Ouray rape prosecution
The Colorado Supreme Court recently signaled it may intervene in four ongoing cases in the trial courts on subjects that include a tenant’s right to a jury trial in eviction proceedings, whether defendants should remain incarcerated pending a sanity evaluation and a judge’s decision to sanction prosecutors for late-disclosed evidence. Although most of the Supreme…