Tag: reasonable doubt
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Colorado Supreme Court appears OK with revised ‘reasonable doubt’ instruction
The Colorado Supreme Court appeared largely comfortable on Thursday with the recently revised definition of “reasonable doubt” that is now part of the template jury instructions for criminal cases. To date, multiple Court of Appeals decisions have endorsed the constitutionality of the new phrasing, which resembles the instruction given in Colorado’s federal trial court. U.S.…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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Appeals judge to Supreme Court: Please endorse a single reasonable doubt definition for Colorado
A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to endorse one definition of “reasonable doubt” for trial judges to use — out of the three versions currently on the table. Colorado’s template jury instructions for criminal trials used to explain reasonable doubt as a doubt, based upon reason and common…
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Colorado Supreme Court to hear cases about ‘reasonable doubt’ definition, contract dispute
The Colorado Supreme Court announced on Tuesday that it will decide whether the definition of “reasonable doubt” adopted in a 2023 revision to the template jury instructions violates the constitutional rights of the criminally accused. At least three of the court’s seven members must agree to hear a case on appeal. The justices will also…