child abuse
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Appeals court orders new child abuse trial after defense lawyer overrode client, admitted guilt
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A man serving 28 years for child abuse will receive a new trial, Colorado’s second-highest court ruled on Thursday, because the defense attorney overrode his client’s wishes and told the jury the defendant was guilty in the overdose death of his son. After a mistrial, a second trial resulted in jurors convicting Joenny Manuel Astacio…
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Colorado judges face calls for new domestic violence training after survey finds child abuse concerns ignored
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Armed with a survey of parents who lambasted family court judges and magistrates for regularly ignoring signs of child abuse during custody disputes, legislators and court reform advocates are pressing for new domestic violence training mandates and other measures for judges and magistrates. “This document brings to light the voices of Colorado citizens who have…
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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…