Tag: justice alex martinez
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Colorado justices concerned about retrying defendant after jury signaled acquittal
Some members of the Colorado Supreme Court appeared uncomfortable on Tuesday with allowing a criminal defendant to stand trial a second time after a Larimer County jury signaled it was deadlocked on some counts but had found him not guilty of the more serious charges. Omar Alexander Mena stood trial last summer for three counts…
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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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‘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 takes up 2 cases implicating open meetings law
The Colorado Supreme Court announced this month it will hear two appeals affecting the ability of individuals and organizations to hold government bodies accountable for decisions made in violation of the state’s open meetings law, including a review of the judicially created notion that public entities can fix their violation at a subsequent meeting. At least…
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Colorado justices say conflicted lawyer not OK, but automatic reversal not required for defendant
Members of the Colorado Supreme Court agreed on Monday it was highly problematic that an El Paso County defense lawyer seemingly failed to tell his client he was simultaneously being prosecuted by the same district attorney’s office, but a majority stopped short of finding the conflict merited an automatic reversal of the defendant’s convictions. Matthew…
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‘Pretty shocking’: Colorado justices review case where defendant’s lawyer was also being prosecuted
Members of the Colorado Supreme Court appeared hesitant last week to endorse automatic reversal of an El Paso County defendant’s convictions because he was seemingly unaware his lawyer was simultaneously being prosecuted by the same district attorney’s office. However, some justices agreed the system failed to adequately protect the rights of Matthew Rodolfo Vansant Lopez from…
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Downstairs meth lab case has Colorado justices evaluating duty to preserve evidence
When an Arapahoe County judge awarded a woman and her daughter $10.5 million for their injuries, finding their landlord had not reasonably responded to allegations of toxic exposure from a downstairs meth lab, he also concluded the landlord willfully failed to preserve evidence. Last week, before the Colorado Supreme Court, the now-bankrupt Terra Management Group sought a…