boulder county
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Colorado justices, by 5-2, say Longmont detective did not violate suspect’s Miranda rights
The Colorado Supreme Court’s majority ruled on Monday that a Longmont detective did not coerce a suspect into talking by making references to how a judge would look at his character, and by suggesting he may get out of prison “in time to see your son’s prom.” Under the landmark U.S. Supreme Court decision Miranda…
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Colorado Supreme Court blocks ‘child-to-parent violence’ testimony in Boulder County case
The Colorado Supreme Court concluded on Friday that a Boulder County judge incorrectly green-lit a psychologist’s expert testimony when the defendant had not laid the necessary groundwork for the evidence. State law requires criminal defendants to provide notice and undergo a court-ordered examination if they want to introduce expert evidence of their mental condition at…
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Christopher Zenisek, trial judge experienced with high-profile cases | SUPREME COURT FINALISTS
After the Marshall fire burned through Boulder County in the final days of 2021 and wound up destroying more than 1,000 homes, the sprawling 4,000-plaintiff litigation was assigned to District Court Judge Christopher Zenisek of Jefferson County. Zenisek would go on to issue more than 100 orders, hold dozens of hearings and, ultimately, much of…
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Former Arvada teacher arrested for allegedly creating child sex exploitation material
Boulder police arrested a former Arvada high school teacher for allegedly filming sexual exploitation videos of juveniles and distributing them on various websites. The Boulder County Sheriff’s Office arrested 39-year-old Patricio Alejandro Illanes after a four-month investigation by Boulder County Digital Forensics Lab detectives and members of the Internet Crimes Against Children (ICAC) Task Force,…
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Colorado justices receptive to allowing lawyers to ‘borrow’ allegations from elsewhere
Members of the Colorado Supreme Court seemed open on Tuesday to the idea that plaintiffs’ lawyers can use allegations made elsewhere to bolster their own clients’ claims, so long as the attorney first performs some degree of investigation into the “borrowed” assertions. Under Colorado’s rules for civil cases, attorneys must attest that the complaints they…
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Colorado Supreme Court signals intervention in 4 ongoing cases
The Colorado Supreme Court recently signaled that it may intervene in four cases from various trial courts, two criminal and two civil. At least four of the court’s seven members must agree to initiate the process of granting relief in a case outside the usual appellate procedure. The cases address an expert’s insight into child-parent…
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Justices consider where to draw line on experts testifying about child witnesses’ honesty
Members of the Colorado Supreme Court considered last week how far an expert witness can go in suggesting to a jury that another witness is being truthful, which is generally forbidden. Previously, the state’s Court of Appeals believed a defendant who “persistently” argues an adult influenced a child victim to lie has opened the door…
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Federal judge finds fire chief violated due process rights of ex-employee in Boulder-Weld district
A federal judge concluded last week that the chief of a fire protection district spanning Boulder and Weld counties violated the constitutional rights of an employee by terminating him through a process that lacked sufficient procedural protections. However, U.S. District Court Chief Judge Philip A. Brimmer also determined plaintiff Benjamin Carter could not prevail on…
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Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted how convicted defendants can take advantage of favorable law changes on appeal. At least three of the court’s seven members must agree…
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Colorado justices block testimony of autism behaviors in Boulder County murder prosecution
The Colorado Supreme Court on Monday blocked a defendant accused of a cold case murder from introducing testimony about how his autism spectrum disorder may have contributed to behavior police perceived as deceptive. The court’s unsigned Sept. 8 order stated, without elaboration, that the intended expert testimony did not meet the requirements of state law.…