Tag: people v. weeks
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Divided appeals court overturns defendant’s $350,000 restitution obligation
Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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Appeals court wipes away defendant’s $66,000 restitution obligation after trial judge did not follow law
Colorado’s second-highest court voided a defendant’s obligation to pay more than $66,000 in crime victim restitution last week, finding a Mesa County judge neglected to follow the process laid out in state law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so, prosecutors generally need to…
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Appeals court overturns $9,150 restitution order after Jeffco judge did not follow law
Colorado’s second-highest court last week overturned an order for a criminal defendant to pay $9,150 to his victim, citing the trial judge’s failure to abide by the legal process for imposing financial restitution. In Colorado, as part of sentencing, judges must consider whether defendants owe restitution to their victims. If so, prosecutors generally need to provide…
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Appeals court overturns Douglas County judge’s unlawful $22k restitution order
A Douglas County judge ordered a defendant to pay crime victim restitution eight months beyond the legal deadline and nearly two years after the Colorado Supreme Court warned trial judges to follow the law, the state’s second-highest court ruled on Thursday. The Court of Appeals also noted former District Court Judge Patricia Herron “recharacterized history”…
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Colorado Supreme Court rebuffs AG’s plea to scrap restitution ruling while remaining open to tweaks
During a marathon session of oral arguments on Tuesday, members of the Colorado Supreme Court appeared open to tweaking their landmark 2021 decision warning trial judges and prosecutors to follow the law when awarding restitution to crime victims. But the justices quickly gave the Colorado Attorney General’s Office a reality check, indicating the Supreme Court…
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Appeals court again reminds Colorado prosecutors to submit restitution requests on time
Colorado’s second-highest court on Wednesday once again reminded prosecutors and trial judges to pay attention to the deadlines for crime victim restitution in state law, the latest in a series of decisions cracking down on deviations from the restitution process. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must…
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Divided appeals court upholds $111,600 restitution order in Denver murder case
Colorado’s second-highest court last week upheld a Denver judge’s crime victim restitution order as valid, but with continued disagreement over how to apply the Supreme Court’s recent guidance about the state’s restitution law. In Colorado, when a convicted defendant is required to pay financial restitution, prosecutors typically must provide the requested amount by the time…
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Appeals court overturns restitution order due to Douglas County judge’s extreme delay
Colorado’s second-highest court on Thursday overturned a Douglas County judge’s order for $12,500 in crime victim restitution, which she issued nearly two years after the defendant’s sentencing and several months after the state Supreme Court told trial judges to pay attention to the 91-day deadline in the law. Before the Court of Appeals, both the…
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Colorado justices accept 3 appeals to sort out issues from landmark restitution ruling
The Colorado Supreme Court announced on Monday it will hear three cases to rein in the confusion that has developed in the wake of its landmark 2021 decision addressing the process for making criminal defendants pay financial restitution to their victims. The questions the justices will answer include: • Can a defendant’s plea agreement relinquish…