analogy
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Appeals court expresses ‘some concerns’ with Mesa County judge’s cookie analogy
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Colorado second-highest court expressed “some concerns” last week about a Mesa County judge’s comparison of a defendant’s constitutional right to silence to a hypothetical child who has obviously eaten cookies but refuses to admit it. However, a three-judge Court of Appeals panel agreed the illustration did not undermine the fairness of the trial because then-District…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s convictions because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lowered the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided in 2022 that some judges’ well-meaning…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s convictions because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lowered the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided in 2022 that some judges’…
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Colorado appeals court reverses Adams County murder conviction due to judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s conviction because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lessened the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year – exclusively from Adams County – after the Colorado Supreme Court decided last January that some…
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Appeals court reverses another Adams County conviction for judge’s faulty analogy
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Colorado’s second-highest court on Thursday once again overturned a defendant’s conviction because an Adams County judge illustrated reasonable doubt to jurors in a way that improperly lessened the prosecution’s burden to prove him guilty. The Court of Appeals has repeatedly reversed the convictions of defendants for more than a year, after the Colorado Supreme Court decided last January that some judges’ well-meaning attempts…
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Appeals court reverses another Adams County conviction due to faulty analogy
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Colorado’s second-highest court on Thursday reversed another defendant’s criminal conviction in Adams County because the trial judge explained the concept of reasonable doubt to jurors using an analogy that lowered the prosecution’s burden of proof. A three-judge panel for the Court of Appeals deemed it a “close question,” but ultimately ordered a new trial for Tylor…
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Appeals court reverses another Adams County conviction due to judge’s faulty analogy
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Another man convicted in Adams County will receive a new trial because the judge described reasonable doubt to jurors using an analogy very similar to one the Colorado Supreme Court recently deemed problematic. The Court of Appeals’ reversal of Darren Ross Hoffman’s attempted murder convictions is the second time in recent weeks that an Adams…
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Murder conviction reversed due to judge using unacceptable analogy
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A man sentenced to 52 years for the grisly murder of his father will receive a new trial after the state’s second-highest court determined an Adams County judge gave an explanation for reasonable doubt that the Colorado Supreme Court recently declared unacceptable. After the Court of Appeals had repeatedly warned judges over many years to…
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State Supreme Court draws line on unacceptable use of analogies by trial judges
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The Colorado Supreme Court has determined that trial court judges who attempt to define the concept of reasonable doubt using illustrations or analogies to familiar concepts may, in fact, be committing an error that requires reversal of a defendant’s conviction. The justices’ conclusion in a pair of appeals on Monday follows a long string of…
