Counterman V. Colorado
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Colorado justices confirm SCOTUS stalking ruling limited to speech
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The Colorado Supreme Court confirmed on Monday that a 2023 ruling from the nation’s highest court imposing a higher burden on stalking prosecutions does not apply to cases where the alleged stalker’s conduct, not the words he uses, is the problem. The U.S. Supreme Court handed down its ruling in Counterman v. Colorado two years ago, in…
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Appeals court orders new trial in stalking case a year after U.S. Supreme Court finds flaw
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Colorado’s second-highest court on Thursday ordered a new trial in the Arapahoe County stalking case that went all the way to the nation’s highest court and resulted in a new burden for prosecutors seeking to convict alleged stalkers based on their communications. Last year, by 7-2, the U.S. Supreme Court handed down its ruling in Counterman…
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Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
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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…