competency
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El Paso County sex assault convictions overturned due to judge’s incorrect competency ruling
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Colorado’s second-highest court last month vacated a man’s 15-year-old convictions for sexually assaulting a child, finding an El Paso County judge made a flawed determination that the defendant was competent to stand trial. In doing so, a three-judge panel for the Court of Appeals cautioned it may not be feasible to determine now whether Theodore William…
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El Paso County sex assault conviction overturned after judge misapplied law
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Colorado’s second-highest court reversed a man’s sexual assault conviction last month after finding an El Paso County judge applied the wrong legal standard when assessing whether the defendant was competent to stand trial. Prosecutors charged Micheal Cochran with numerous sex-related offenses, but his defense attorney became concerned that Cochran was struggling to understand the charges,…
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Colorado appeals court recognizes right to effective counsel in forced-medication cases
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For the first time, Colorado’s second-highest court has recognized there is a right to effective assistance of counsel for people involved in criminal cases whom the government wishes to forcibly medicate. A three-judge panel relied on similar decisions from other states and the principle that involuntary medication proceedings can result in a loss of liberty,…
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Colorado Supreme Court clarifies juvenile defendants can immediately appeal competency findings
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When a magistrate decides whether a juvenile defendant is competent to stand trial, that determination is appealable to a judge right away, Colorado’s Supreme Court ruled on Monday. Addressing a question it had never before answered, the court acknowledged there would be significant consequences if a child were to proceed to trial despite actually being…
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State Supreme Court takes up governmental immunity cases for trip-and-fall, speeding officer
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The Colorado Supreme Court on Tuesday agreed to review two appeals questioning the boundaries of the government’s general immunity from civil lawsuits, with one case involving a trip-and-fall in Jefferson County and the other implicating a police officer in Montrose County who killed two people during a pursuit. At least three of the seven members of…
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State Supreme Court takes on homeowner insurance issue, shows interest in 2 criminal cases
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The Colorado Supreme Court on Monday agreed to decide whether two Boulder County homeowners may pursue their insurance claim for hail damage, even though they reported it to their insurer 10 days beyond their policy’s deadline. The legal question and facts are virtually identical to another case the court accepted in December out of Denver, Gregory…
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Colorado bill would set time limits for competency decisions in juvenile criminal cases
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When a juvenile is accused of a crime in Colorado and found incompetent to stand trial, they can spend years in the criminal justice system, unable to resolve their case until they’re deemed competent or age out. House Bill 1012 aims to change that, establishing time limits for how long an incompetent juvenile can remain…
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Colorado Supreme Court’s frustration at state agency boils over in juvenile case
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Members of the Colorado Supreme Court lashed out on Tuesday at the state agency responsible for overseeing certain mental and behavioral health services to juvenile defendants, accusing it of flouting the law. In an appeal out of Weld County, the justices amplified their frustration with the Office of Behavioral Health that previously surfaced in 2019,…
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Appeals court rejects ‘low functioning’ defendant’s claim he was incompetent to stand trial
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Despite his defense lawyers’ repeated concerns that his mental abilities were deteriorating and he failed to absorb meaningful information about his criminal proceedings, a man was not entitled to yet another evaluation after numerous psychologists found him competent to stand trial, the state’s Court of Appeals has ruled. A Denver jury convicted Matthew F. Rodriguez…