constitution
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Municipal camping bans do not violate Colorado Constitution, says appeals court
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Municipal ordinances that ban people from living on public property do not violate the Colorado Constitution’s prohibition on cruel and unusual punishment, the state’s second-highest court ruled on Thursday. A three-judge Court of Appeals panel agreed that it was appropriate to rely on the U.S. Supreme Court’s interpretation of the Eighth Amendment, which Colorado courts…
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
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The Colorado Supreme Court declined to say on Monday whether a man’s conviction for an attempted child prostitution offense violated his rights under the state constitution, and only concluded that the absence of an obvious error meant his conviction should remain intact. An El Paso County jury convicted Javier Vega Dominguez of two attempted child…
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Judge tearing up during victim’s testimony does not warrant new trial, appeals court says
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Colorado’s second-highest court concluded on Thursday that an Arapahoe County judge’s visible display of emotion during a child victim’s testimony should not trigger a new trial for the defendant. A three-judge Court of Appeals panel found that defendant Philip Morgan had failed to show how the reaction by District Court Judge Ryan Stuart during trial…
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Arapahoe County defendant serving life could receive new trial after lawyer withheld key details
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An Arapahoe County defendant who is serving a life sentence for a 20-year-old murder could receive a new trial because his lawyer withheld key details that affected his decision to decline a plea deal, Colorado’s second-highest court ruled last week. There was no dispute that Michael Evans did not shoot the victim during an October…
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SCOTUS decision on ‘3 strikes’ sentences does not benefit defendants with older convictions, appeals court says
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A recent U.S. Supreme Court decision affecting how defendants are sentenced under Colorado’s “three strikes” law does not benefit people whose convictions have long been final, the state’s second-highest court ruled on Thursday. For many years, Colorado’s Habitual Criminal Act required judges to impose three or four times the maximum sentence if a defendant was convicted of…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Colorado justices recognize limited right to evidence in postconviction challenges
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The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’…
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Corrections officials may be sued for employee’s alleged abuse of detainee, federal judge rules
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High-level corrections officials may be sued for their own alleged failures to prevent or respond to an employee’s sexual misconduct toward a detainee, a federal judge decided last month. Rajae Bouhamidi was incarcerated at the Denver Women’s Correctional Facility. In late 2022, corrections officer Justin Torres allegedly began to sexually harass her. Eventually, he ordered…
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Aurora not liable for suspended officer’s attack on woman, federal court rules
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The Denver-based federal appeals court decided on Monday that the city of Aurora cannot be held liable for an officer’s attack on a woman while he was serving a suspension for shooting a different person. Wyoma Martinez filed suit against Officer Douglas Harroun and the city after Harroun used force against Martinez at her apartment…
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Lawsuit from men wrongly arrested for Denver shooting dismissed by federal appeals court
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The Colorado-based federal appeals court dismissed a lawsuit last week from two men who were arrested as suspects in a downtown Denver shooting when they instead appeared to be the targets. Trevor Puller and Deandre Hutchinson alleged that they were driving in Lower Downtown at around 2 a.m. in April 2021 when an unidentified man…