confrontation clause
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Appeals court reverses conviction after judge blocked questioning about witness’s criminal charges
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An Arapahoe County judge violated a defendant’s constitutional right to confront the witnesses against him by blocking the defense from asking a witness about her own pending criminal charges in the same jurisdiction, Colorado’s second-highest court ruled last week. Prosecutors charged Jose Garcia Valdivia with multiple counts of assault and felony menacing. Garcia allegedly got…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
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The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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Colorado Supreme Court to address child’s CCTV testimony
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The Colorado Supreme Court announced on Monday that it will review the impact of a victim’s closed-circuit testimony on the prosecution of a juvenile defendant. At least three of the court’s seven members must agree to hear an appeal. There is currently one vacancy, which will be filled next month. The justices also signaled they…
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Adams County assault conviction overturned for improper testimony
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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…
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Appeals court finds Denver judge wrongly let child witness testify by CCTV
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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…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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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…
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10th Circuit upholds convictions of Aurora’s ‘Labor Day Massacre’ shooter
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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…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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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…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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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…
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Adams County conviction overturned after judge blocked questions about victim’s motive to testify
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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…