Tag: trespass
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…
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Colorado Supreme Court to intervene in second case questioning harsher municipal sentences
The Colorado Supreme Court signaled last month that it may intervene in a second case questioning whether municipalities can impose tougher sentences than state law does for identical criminal conduct. At least four of the seven justices must agree to hear a case that is appealed directly to the Supreme Court without going to the…
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Colorado justices find double jeopardy violation in woman’s conviction in ‘outlier’ case
The Colorado Supreme Court on Monday rejected the prosecution’s argument that a woman’s Adams County trespassing conviction — which all parties believed was unconstitutional — should nevertheless stand because the violation was not obvious at the time of her sentencing. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense…
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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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‘Why are we here?’ Colorado justices skeptical of state’s push to uphold woman’s conviction
Members of the Colorado Supreme Court on Tuesday struggled to understand why prosecutors remained opposed to overturning a woman’s trespassing conviction, even as both sides agreed the conviction would not stand under current law. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense following acquittal, but also from…
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Appeals court rejects new trial after Jeffco judge inadvertantly live streamed comments about case
A Jefferson County judge’s comments about the defendant, accidentally broadcast over a live stream that the judge did not realize was running, do not provide grounds for a new trial, Colorado’s second-highest court ruled last week. Daniel Boman Olguin stood trial in 2021 for a felony trespassing charge. Due to pandemic precautions, the proceedings were…
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Weld County sheriff’s deputies search for armed prowler
This security footage released to the media by the Weld County Sheriff’s office shows a man caught on camera trespassing vehicles and peering into a home in Keenesburg while armed with a rifle or possibly a shotgun. (Courtesy video)