counterman
-
Colorado Supreme Court dings El Paso County DA’s office for filing appeal in wrong court
—
by
El Paso County prosecutors incorrectly filed an appeal with the Colorado Supreme Court, the justices ruled on Monday, explaining that a trial judge did not, in fact, declare a law unconstitutional and enable the state’s highest court to hear the case directly. Under state law and the procedural rules, district attorneys have a duty to…
-
Appeals court overturns woman’s conviction, finds defect in template jury instructions
—
by
Colorado’s second-highest court overturned a criminal conviction from La Plata County on Thursday, concluding it was the “rare case” in which the template jury instructions incorrectly describe how jurors can find someone guilty of retaliating against a witness. The jury that convicted Erin Amber Trujillo was instructed it could find her guilty if she directed…
-
SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
—
by
Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
-
Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
—
by
Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
-
Colorado policymakers eye revisions to speech-based criminal laws in response to SCOTUS decision
—
by
After the U.S. Supreme Court clarified on Tuesday that Colorado’s law criminalizing stalking fails to account for a defendant’s intent in making threatening comments, state policymakers suggested legislation may be warranted to balance the need to protect victims with the constitutional requirement to respect free speech. The state Supreme Court will also likely need to…
-
Katharine Lum formally sworn in as newest appeals judge, reminds colleagues about plight of self-represented litigants
—
by
When Katharine E. Lum received a ticket for her car accident, she unexpectedly found herself anxious when she showed up to court representing herself, as litigants in legal matters routinely do. “If I was this nervous as a trained attorney, how must they have felt? Especially folks for whom a traffic fine meant the difference…
-
SCOTUS takes up ‘true threats’ case out of Colorado, the latest in a series of state court appeals
—
by
The nation’s highest court has shone a spotlight on Colorado’s typically low-profile Court of Appeals, agreeing to review a decision of the 22-member court for the second time in under a decade. The U.S. Supreme Court, in granting appeals, occasionally gives the green-light to federal cases that come through the Denver-based U.S. Court of Appeals…
