affirmative defense
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Appeals court orders new trial for defendant barred from invoking ‘laced’ marijuana defense
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…
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Fremont County murder conviction reversed due to faulty jury instruction
A man convicted of murdering his housemate when he shot a gun through his basement ceiling will receive a new trial, as Colorado’s second-highest court determined a Fremont County judge gave jurors an instruction that violated the defendant’s constitutional rights. Thomas Randall Addington is serving a 38-year prison sentence after jurors convicted him of murdering…
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Lincoln County judge wrongly denied man opportunity to justify possession of contraband, court rules
A Lincoln County judge improperly denied an incarcerated man the opportunity to justify his possession of contraband weapons behind bars, Colorado’s second-highest court ruled last week in reversing the conviction. Colorado law provides for a “choice-of-evils” defense. A person can avoid conviction if they show they were facing imminent harm and engaged in criminal conduct…
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Colorado Supreme Court to hear criminal appeals on racial bias, ‘Make My Day’ defense
The Colorado Supreme Court announced earlier this month that it will review multiple criminal cases, with issues ranging from racial bias in jury selection and the meaning of a parent-child relationship to the law justifying deadly force against home intruders. At least three of the court’s seven members must agree to hear a case on…
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Colorado appeals court orders new trial in Centennial murder case due to judge’s error
An Arapahoe County judge refused to issue a key jury instruction in a high-profile murder trial, which lowered the prosecution’s burden of proof and prompted Colorado’s second-highest court to overturn the defendant’s conviction last month. Lloyd Chavez IV, a student at Cherokee Trail High School, died in May 2019 after four teenagers attempted to rob…
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Colorado Supreme Court to answer whether discrimination, retaliation are eviction defenses
Under Colorado law, discrimination and retaliation by landlords are illegal. But are they something that can prevent a landlord from carrying out an eviction? On Monday, the state Supreme Court agreed to review a case out of Adams County in which a tenant claims her landlord moved to evict her after she rejected his sexual…
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Colorado appeals court overturns conviction for Larimer County judge’s faulty instruction
In a rare move, both the prosecution and defense agreed the state’s Court of Appeals should overturn a man’s assault conviction because a Larimer County judge incorrectly instructed jurors about self-defense. Consequently, a three-judge appellate panel on Thursday ordered a new trial for Anthony John Trimarco, who is currently serving a 12-year prison sentence. In criminal…
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Adams County conviction overturned after judge’s borrowed jury instruction deemed problematic
An Adams County judge provided a confusing instruction to jurors in a murder trial that failed to properly explain all of the nuances of self-defense, the state’s second-highest court ruled last month in reversing the defendant’s conviction. District Court Chief Judge Don Quick presided over Jorge Garcia’s 2018 trial, where the only question was whether…