arapahoe county
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Judge tearing up during victim’s testimony does not warrant new trial, appeals court says
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Colorado’s second-highest court concluded on Thursday that an Arapahoe County judge’s visible display of emotion during a child victim’s testimony should not trigger a new trial for the defendant. A three-judge Court of Appeals panel found that defendant Philip Morgan had failed to show how the reaction by District Court Judge Ryan Stuart during trial…
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Arapahoe County defendant serving life could receive new trial after lawyer withheld key details
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An Arapahoe County defendant who is serving a life sentence for a 20-year-old murder could receive a new trial because his lawyer withheld key details that affected his decision to decline a plea deal, Colorado’s second-highest court ruled last week. There was no dispute that Michael Evans did not shoot the victim during an October…
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Arapahoe County lawmakers postpone vote on short-term rental regulations after tech issues
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Arapahoe County Commissioners delayed an official vote Tuesday on regulating short-term rental properties after technological challenges caused issues for public comment. Commissioners voted to approve the regulations after a public comment period Tuesday, then revoked the vote and rescheduled it to May 12 after technical issues kept online participants from being able to hear or…
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Appeals court reverses conviction after judge blocked questioning about witness’s criminal charges
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An Arapahoe County judge violated a defendant’s constitutional right to confront the witnesses against him by blocking the defense from asking a witness about her own pending criminal charges in the same jurisdiction, Colorado’s second-highest court ruled last week. Prosecutors charged Jose Garcia Valdivia with multiple counts of assault and felony menacing. Garcia allegedly got…
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Appeals court reverses assault convictions after jury received no definition of ‘harm’
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Colorado’s second-highest court reversed an Arapahoe County defendant’s assault convictions last week, concluding the trial judge neglected to define a key, ambiguous term for jurors. Police officers arrested David Cristobal Aragon at a house party for allegedly violating a restraining order, but he had a series of seizure-like episodes that required transportation to the hospital.…
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Divided Colorado Supreme Court rejects defendant’s claim of deficient DNA investigation
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The Colorado Supreme Court decided on Tuesday, by 4-2, that a defendant failed to allege how uninvestigated, inaccessible DNA evidence would have shown he was wrongly convicted. When Jamale D. Townsell filed a petition from prison seeking postconviction relief, he argued his trial lawyer was constitutionally ineffective for failing to properly investigate DNA evidence that…
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Colorado justices uphold shooting conviction despite jury saying defendant not the shooter
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The Colorado Supreme Court ruled on Tuesday that a man can stand convicted of murder, even though jurors found he was not the one who shot the victim and the evidence suggested he was not present for the shooting. There was no dispute that Terrence G. Davis died by gunshot in an Aurora alleyway in 2017.…
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Colorado Supreme Court accepts cases about reliability of gun-to-bullet matching
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The Colorado Supreme Court announced on Monday that it will hear two cases questioning the reliability of expert testimony that purports to identify whether a specific bullet was fired from a specific gun. At least three of the court’s seven members must agree to take up a case on appeal. There is currently one vacancy,…
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Arapahoe County adopts new approach to opioid abatement funding, invests $4M in service building
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Arapahoe County officials are investing more than $4 million in opioid harm reduction programs, with the latest phase of funding taking a new approach, according to a news release. Normally, county officials seek out fully built programs to fund through a request for proposals. But this time, they’re looking for partners to help design and…
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Arapahoe County law enforcement improperly obtained confidential medical records, justices find
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Law enforcement in Arapahoe County improperly obtained a criminal defendant’s confidential medical records and cannot use them in her child abuse prosecution, the Colorado Supreme Court ruled on Monday. The justices also declined to say whether the body-worn camera footage of a police officer who was present during the defendant’s treatment was similarly protected by…