confrontation clause
-
Adams County assault conviction overturned for improper testimony
—
by
Colorado’s second-highest court overturned a man’s assault conviction and seven-year prison sentence last week, concluding an Adams County judge admitted improper testimony from a nurse who documented the victim’s account. After the alleged assault, the victim went to a hospital by ambulance. She spoke to an emergency medical technician about her injuries, which was recorded…
-
Appeals court finds Denver judge wrongly let child witness testify by CCTV
—
by
Colorado’s second-highest court ruled on Thursday that a Denver judge violated the constitutional rights of a juvenile defendant by allowing the victim, who was also a child, to testify in a different room out of concern for the “influence” of the defendant’s parents. However, a three-judge panel for the Court of Appeals concluded the error…
-
Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
—
by
If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
-
10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
—
by
Even if there was a constitutional violation from letting jurors hear the videotaped statements of a wanted fugitive, the federal appeals court based in Denver agreed the out-of-court testimony implicating a teenage defendant in a 1998 killing spree did not undermine his murder convictions. Alexander Pogosyan is serving multiple life sentences for his role in…
-
Adams County conviction overturned after judge blocked questions about victim’s motive to testify
—
by
An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
-
Adams County conviction overturned after judge blocked questions about victim’s motive to testify
—
by
An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
-
Adams County conviction overturned after judge blocked questions about victim’s motive to testify
—
by
An Adams County judge blocked jurors from hearing about a victim’s own criminal charge and potential motive to testify the way prosecutors wanted, prompting Colorado’s second-highest court to find a constitutional violation and order a new trial for the defendant. A jury acquitted Semaj Reynolds-Wynn of attempted murder after a 2021 trial, but convicted him…
-
Denver manslaughter conviction overturned due to constitutional violation
—
by
A man convicted of manslaughter in Denver will receive a new trial after the state’s second-highest court determined last month that a judge violated his constitutional right to confront the witnesses against him. There was no dispute that Donte Carl Ellis physically attacked his mother’s boyfriend, Willie Caldwell, and that Caldwell later died of his…
-
Federal judge finds constitutional violation in Aurora ‘Labor Day Massacre’ murder trial
—
by
A federal judge last week agreed a man convicted more than 20 years ago for a series of Aurora murders known as the “Labor Day Massacre” had his constitutional rights violated when prosecutors played for jurors unreliable statements from a second homicide suspect. U.S. District Court Judge Nina Y. Wang made the unusual finding that…
-
Appeals court says COVID-19 trial precautions were constitutional
—
by
Colorado’s second-highest court ruled for the first time on Thursday that pandemic-era health precautions during jury trials, specifically masking and distancing for jurors, did not violate a defendant’s constitutional rights. Kenneth L. Garcia’s jury trial in July 2020 was the first to take place in Denver after the onset of the COVID-19 pandemic. Consequently, the…
