Tag: public trial
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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 justices weigh constitutional implications of livestreaming criminal trials
With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Appeals court finds no constitutional violation from hard-to-hear livestream during trial
Colorado’s second-highest court last week ruled that problems with livestreaming technology during the early months of the COVID-19 pandemic did not violate a defendant’s constitutional right to a public trial if observers were still free to watch in the physical courtroom. The Sixth Amendment guarantees the criminally accused the right to a public trial. In…
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Alamosa County judge violated public trial right, prompting reversal of convictions
An Alamosa County judge closed his physical courtroom to the public without documenting his reasons for doing so, prompting Colorado’s second-highest court on Thursday to reverse the defendant’s convictions and order a new trial. In reaching its decision, a three-member panel of the Court of Appeals pointed to a recent ruling from the appellate court that recognized…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…
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Divided appeals court upholds Denver child sex assault conviction
Colorado’s second-highest court upheld a man’s sex assault conviction earlier this month, although there was disagreement between appellate judges about whether jurors properly evaluated damaging evidence of the defendant’s conduct in light of his unusual defense at trial. A Denver jury convicted Mohammed Diawarra in 2021 for sexual assault on a child after he impregnated an…
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Appeals court says trial judges may retroactively justify excluding public from courtrooms
In a move that potentially tees up the question for the state Supreme Court to resolve, Colorado’s second-highest court on Thursday ruled that judges who exclude members of the public from trial on questionable grounds may have the opportunity to justify their actions on appeal. The Sixth Amendment guarantees criminal defendants the right to a…
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Appeals court upholds ejection of disruptive observer from livestream of criminal trial
Colorado’s second-highest court clarified last month that ejecting a disruptive observer from the livestream of a criminal trial will not typically violate the Sixth Amendment’s guarantee of a public trial. A three-judge panel for the Court of Appeals considered for the first time whether a Weld County judge effectively “closed” his courtroom mid-trial by banning…