affirmative defense
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Appeals court orders new trial for defendant barred from invoking ‘laced’ marijuana defense
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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
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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
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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
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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
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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
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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
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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
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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…