child abuse
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10th Circuit upholds dismissal of Aurora councilwoman’s lawsuit
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The federal appeals court based in Denver agreed on Monday that an Aurora city council member had not shown a violation of her constitutional rights occurred when she became the subject of a social worker’s false report of child abuse. Councilwoman Danielle Jurinsky sued Arapahoe County, the department of human services and Robin Niceta, who was…
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Colorado Supreme Court takes up cases on severity of vehicular homicide, disclosure of child abuse reports
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The Colorado Supreme Court announced on Monday it will hear cases addressing the severity of sentences for vehicular homicide caused by intoxication and the level of information about child abuse reports that can be disclosed in open records requests. At least three of the seven justices must agree to take up an appeal. ‘Grave and…
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Appeals judge warns about ‘inflammatory’ medical terminology in child abuse cases
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One member of Colorado’s second-highest court suggested last month that certain medical terminology deeming a child’s injuries “abusive” or “nonaccidental” may improperly lead jurors to convict defendants of knowingly committing child abuse. A three-judge panel of the Court of Appeals upheld the El Paso County child abuse convictions of Susan Trahan Bergeron, who is serving 10…
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Felony child abuse convictions overturned in high-profile case due to instruction error
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Colorado’s second-highest court reversed a woman’s felony convictions for child abuse resulting in death last month after concluding the instructions that a San Miguel County judge provided the jury did not include the necessary language. Hannah Marshall, 8, and Makayla Roberts, 10, were discovered dead and decomposing in a vehicle located on Frederick “Alec” Blair’s Norwood…
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Colorado Supreme Court returns 3 cases to trial courts with instructions
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The Colorado Supreme Court decided three appeals this month in ongoing civil and criminal cases, either overturning trial judges’ faulty decisions or providing clarification for further proceedings. Although most of the Supreme Court’s decisions come at the conclusion of a case and after the Court of Appeals has rendered its ruling, the justices sometimes elect…
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Colorado Supreme Court signals intervention in Denver, Jeffco criminal cases
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The Colorado Supreme Court indicated in recent weeks that it may intervene in two criminal cases to decide whether a defendant convicted of a misdemeanor in county court is entitled to halt his sentence while he appeals, and whether prosecutors established probable cause of another defendant’s child abuse charge. At least three of the court’s…
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Divided Colorado appeals court upholds sex abuse convictions despite problematic testimony
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By 2-1, Colorado’s second-highest court on Thursday upheld a man’s child sex assault convictions despite an expert witness vouching for the credibility of the victims – which is typically improper. A three-judge panel for the Court of Appeals agreed Gustavo Lopez “opened the door” to the problematic evidence by suggesting his child victims had been…
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Divided Colorado appeals court upholds sex abuse convictions despite problematic testimony
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By 2-1, Colorado’s second-highest court on Thursday upheld a man’s child sex assault convictions despite an expert witness vouching for the credibility of the victims — which is typically improper. A three-judge panel for the Court of Appeals agreed Gustavo Lopez “opened the door” to the problematic evidence by suggesting his child victims had been…
