Tag: justice brian boatright
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Colorado Supreme Court wades into disputes over confidential info
The Colorado Supreme Court announced this week that it may intervene in two ongoing civil lawsuits implicating the disclosure of information the parties argue is shielded. At least four of the court’s seven members must agree to take up an appeal directly from the trial courts, in contrast to three votes needed to review a…
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Colorado justices weigh broad definition of ‘criminal justice agency’ in open records lawsuit
Although members of the Colorado Supreme Court appeared wary on Tuesday of finding a large swath of the government can be deemed a “criminal justice agency,” they also recognized lawmakers used broad language to seemingly sweep public entities into that category. The case at hand questions whether the Peace Officer Standards and Training (POST) Board, as…
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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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Colorado justices reverse murder conviction for police interrogation lacking Miranda warning
A woman convicted of murdering her husband in a Moffat County motel room will receive a new trial after the Colorado Supreme Court concluded on Monday that police failed to provide a Miranda warning before interrogating her. Rachel Ann Niemeyer and Michael Adam Freese were intoxicated and handling a rifle when the gun went off and…
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Q&A with Monica Márquez | Colorado’s new chief justice outlines judicial initiatives, path to top job
In late 2020, the seven justices of the Colorado Supreme Court decided on a new method of selecting the judicial branch’s top officer: The chief justice role would rotate among the members every three years. The court announced Justice Brian D. Boatright would be the first chief under the new system, with Justice Monica M.…
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A lifeline inside and outside the courtroom: Colorado’s newly minted legal workers step into arena | COVER STORY
Last month, Chief Justice Brian D. Boatright looked out at the packed courtroom of the Colorado Supreme Court to usher in a historic moment in the state’s 148-year existence. “We are at a point where people need help. And we’re calling in the cavalry,” he said. Boatright proceeded to swear in the first class of…
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Colorado justices wrestle with whether woman’s 2.5 hours under police supervision was ‘custody’
Members of the Colorado Supreme Court wrestled last month with a question that previously divided the state’s second-highest court: Did Craig law enforcement effectively place a heavily intoxicated woman in custody and interrogate her for the murder of her husband without providing the necessary Miranda warning? The answer could implicate the breadth of protection afforded…
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Colorado Supreme Court confirms ‘Make My Day’ home defense not applicable to reckless killing
The Colorado Supreme Court ruled on Monday that a man convicted of manslaughter in Adams County could not rely on the state’s “Make My Day” law authorizing lethal force against home intruders to defend himself against a charge of recklessly shooting his friend. There was no dispute that Justin Brendan Martinez shot and killed Ismael…
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Denver man’s shooting not covered under ‘Make My Day’ immunity, Colorado Supreme Court rules
A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots. Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man…
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Colorado Supreme Court clarifies when defendants may call prosecutors as witnesses
The Colorado Supreme Court clarified on Monday that criminal defendants may only call prosecutors as witnesses when there is a “compelling and legitimate reason,” and a man facing charges in Boulder County had not met that threshold in his case. The justices elected to hear the prosecution’s appeal in the ongoing proceedings against Harold Lloyd…