burglary
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Colorado justices find double jeopardy violation in woman’s conviction in ‘outlier’ case
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The Colorado Supreme Court on Monday rejected the prosecution’s argument that a woman’s Adams County trespassing conviction — which all parties believed was unconstitutional — should nevertheless stand because the violation was not obvious at the time of her sentencing. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense…
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Appeals court upholds conviction in ‘unique’ case hinging on gender identity
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Colorado’s second-highest court last week upheld an Arapahoe County burglary conviction in a case where the key disputed element was the defendant’s gender identity. A jury convicted Michael Allen Fresquez of burglary, a component of which is the unlawful entry into a building. Shortly before trial, Fresquez noted they do not identify as male. Therefore,…
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‘Why are we here?’ Colorado justices skeptical of state’s push to uphold woman’s conviction
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Members of the Colorado Supreme Court on Tuesday struggled to understand why prosecutors remained opposed to overturning a woman’s trespassing conviction, even as both sides agreed the conviction would not stand under current law. The constitutional prohibition on double jeopardy protects defendants from being prosecuted again for the same offense following acquittal, but also from…
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Boulder County judge, prosecutor blew past deadline, appeals court finds in voiding restitution
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Colorado’s second-highest court on Thursday erased the $3,157 a man convicted of burglary owed to his victims because a Boulder County judge and prosecutor disregarded the deadline in state law for ordering restitution. The same day, the Court of Appeals also overturned another defendant’s obligation to pay $17,360 in restitution, again because a trial judge did…
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Colorado Supreme Court, 4-3, orders new trial after judge blocked defense from questioning alternate suspect
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In the face of strong evidence suggesting a woman sentenced to four years in prison for burglary did not actually commit the crime, the Colorado Supreme Court on Monday agreed a Weld County judge improperly barred the defense from questioning an alternate suspect during trial. The 4-3 decision held that the inability of Nora Hilda Rios-Vargas…
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Colorado Supreme Court takes up 3 criminal appeals, ‘Indian child’ case
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The Colorado Supreme Court announced on Monday it will hear three criminal appeals and one case exploring the government’s obligation to determine whether children in welfare proceedings qualify for the longstanding protections granted to American Indians. At least three of the court’s seven members must consent to take up a case on appeal. The criminal…
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‘This is how innocent people are convicted,’ defendant alleges wrongful conviction to Supreme Court
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When police arrested Nora Hilda Rios-Vargas for the burglary of a Weld County trailer home where someone had stolen $15,000 in jewelry and $3,000 in coins, there was only one definitive piece of evidence linking her to the crime scene: shards of a bloody latex glove with her DNA on it. At the same time,…
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State Supreme Court to take up case of sleeping juror
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The prosecution, defense attorneys and judge in a felony trial all noticed that a juror was repeatedly falling asleep, but the judge declined the defense’s request to “rouse him.” The state’s Court of Appeals later determined it could not review whether the sleeping juror compromised the defendant’s right to a fair trial because the defense…
