affirmative defense
-
Colorado Supreme Court upholds new trial for teen convicted of felony murder
—
by
The Colorado Supreme Court ordered a new trial for an Aurora teenager on Monday, agreeing a defendant need not admit to committing an underlying offense to assert a defense to the more serious crime of felony murder. Felony murder is a unique offense, in which a defendant is guilty if he participates in certain crimes, such as…
-
‘Dabs made me do it?’ Colorado justices ponder when defendants can rely on laced drugs as defense
—
by
Members of the Colorado Supreme Court struggled last week to determine where to draw the line between allowing defendants to argue they unwittingly consumed a substance that caused them to engage in criminal behavior, while also preventing a wave of unsubstantiated claims about laced drugs. Under state law, “involuntary intoxication” is an affirmative defense, meaning…
-
Appeals court clarifies defendants’ ability to claim they unknowingly ingested drugs
—
by
Colorado’s second-highest court clarified on Thursday that not every criminal defendant’s claim that they mistakenly ingested a different drug than the drug they thought they were taking will enable them to argue they were “involuntarily intoxicated.” An El Paso County jury convicted Karl Jeran Friday Williams in 2022 after he walked through a Colorado Springs neighborhood…
-
Appeals court orders new Weld County murder trial after judge refused to give self-defense instruction
—
by
Colorado’s second-highest court on Thursday decided a Weld County judge should have instructed jurors to consider whether a man accused of murder acted in self-defense, given that some evidence at the crime scene supported that theory. Jurors convicted Kenneth James Hoschouer III in 2021 of murdering his friend, Christopher Grau, at Grau’s residence in Firestone two years…
-
Colorado justices weigh unique defense to murder for non-triggermen
—
by
Some members of the Colorado Supreme Court on Wednesday signaled their agreement with the notion that a defendant need not admit to committing an underlying offense in order to assert a defense to the more serious crime of felony murder. Felony murder is a unique offense, in which a defendant is guilty if he participates in…
-
Colorado Supreme Court explores limits of ‘Make My Day’ defense
—
by
There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
-
Eagle County convictions reversed for prosecutors’ misconduct
—
by
Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors – including one who is now running for district attorney – to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
-
Eagle County convictions reversed for prosecutors’ misconduct
—
by
Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
-
Eagle County convictions reversed for prosecutors’ misconduct
—
by
Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
-
Appeals court orders new trial for defendant barred from invoking ‘laced’ marijuana defense
—
by
For the first time last month, Colorado’s second-highest court determined a man should have been allowed to defend himself against criminal charges by letting jurors evaluate whether he ingested marijuana that, unbeknown to him, was allegedly laced with a stimulant. A Denver jury convicted Isaac U. Mion of robbery, criminal mischief and menacing. There was clear…
