attempted murder
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Appeals court rules dead witness’s prior testimony may be used in criminal case
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Colorado’s second-highest court clarified for the first time last week that a witness who testifies in a civil case, but who dies before a related criminal case goes to trial, may have their testimony used in the criminal proceedings. A three-judge Court of Appeals panel concluded that if the criminal defendant had a “full, fair,…
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By 2-1, appeals court overturns some of defendant’s convictions in Denver gang shooting
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Colorado’s second-highest court concluded earlier this month that prosecutors had not proven a defendant placed all alleged victims at risk of serious injury or death in a gang-related shooting, and therefore some of his convictions could not stand. Alejandro Garcia-Sanchez stood trial for an October 2019 shooting in northeast Denver. He was one of several…
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Appeals court rules harsher sentence after appeal does not mean judge was ‘vindictive’
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Colorado’s second-highest court ruled last week that a Jefferson County judge subjected a man to a harsher sentence following a successful appeal because the parole eligibility date was pushed back by multiple years, but that fact alone did not mean the judge acted “vindictively.” In 2015, the state Supreme Court noted that when a criminal…
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Boulder County prosecutors’ evidence insufficient for attempted murder charges, appeals court agrees
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Colorado’s second-highest court agreed last week that Boulder County prosecutors fell short of demonstrating a man likely attempted extreme indifference murder against multiple SWAT officers when he set off an explosion in his hotel room, causing window damage without any injuries. Prosecutors charged Leon Kiyoshi Gladwell with attempted extreme indifference murder. Under Colorado law, a person…
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10th Circuit dismisses excessive force lawsuit over Lakewood police’s ‘ambush’ of man
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The federal appeals court based in Denver dismissed an excessive force lawsuit earlier this month from a man who alleged Lakewood police hid outside his home, failed to identify themselves as law enforcement, then shot him. In Eric St. George’s telling, police officers planted themselves outside his building close to midnight and called him multiple…
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Appeals court reverses Adams County attempted murder conviction due to experts’ improper testimony
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Colorado’s second-highest court last month overturned a man’s attempted murder conviction because prosecutors failed to establish a chain of custody for the defendant’s DNA and fingerprint evidence that allegedly tied him to the crime. Jurors heard from two forensic analysts who matched Julian Vigil to the gun that was used to shoot the victim in…
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Denver man’s shooting not covered under ‘Make My Day’ immunity, Colorado Supreme Court rules
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A defendant cannot avail himself of the immunity Colorado law affords those who use lethal force against home intruders, the state Supreme Court ruled on Monday, because his victim was not inside any “dwelling” when he fired the shots. Joseph M. Howell stands accused of attempted murder and other charges. In February 2023, a man…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
