Tag: sixth amendment
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‘Jury of one’: Federal judge speaks about how to handle non-jury trials
In 2023 and 2024, Colorado’s federal district court saw a total of approximately 100 cases end in a trial. Most of the civil and criminal cases were resolved through a jury trial, but a smaller number took place through bench trials, meaning a judge rendered the ultimate decision. “What are the judges looking for? They’re…
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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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Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
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Appeals court takes no issue with defense lawyer who admitted client’s guilt at trial
Colorado’s second-highest court on Thursday concluded an attorney did not violate his client’s constitutional right to make key decisions about his defense when the lawyer unilaterally told the jury his client committed some of the charged crimes. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may concede their…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post
Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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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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Appeals court reverses stalking conviction after Douglas County judge violated right to counsel
A Douglas County judge violated the rules of criminal procedure and the Sixth Amendment’s right to counsel when she allowed a defense attorney to withdraw, did not seek input from the defendant and did not evaluate the necessity of the withdrawal, Colorado’s second-highest court ruled on Thursday. Shari Leigh Dooley ended up representing herself at trial,…
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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…