court of appeals
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Appeals court overturns convictions after judge improperly accepted facts as undisputed
Colorado’s second-highest court reversed a defendant’s convictions and 12-year prison sentence earlier this month after an El Paso County judge did not require prosecutors to prove key facts that were subject to dispute after all. Prosecutors charged Noel Lavertt King Jr. with numerous offenses after he entered the victim’s home and assaulted her. Among the…
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Jeffco murder conviction overturned due to improper evidence
Colorado’s second-highest court reversed a defendant’s convictions for murder and aggravated robbery earlier this month, finding that a Jefferson County judge allowed evidence that improperly suggested the man had “bad character” for possessing guns generally. Under the rules for criminal cases, evidence cannot be used to prove a defendant has bad character, and they acted…
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Daniel Domenico nominated for 10th Circuit, state Supreme Court hears arguments | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. Colorado’s chief federal trial judge is the choice for an upcoming vacancy on the Denver-based federal appeals court, plus the state Supreme Court heard oral arguments in three cases. Domenico picked for elevation • U.S. District Court Chief Judge Daniel D.…
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Man who asked mom to lie to parole officer can stand convicted, Colorado Supreme Court decides
Attempting to influence a public servant is a crime that can include a defendant’s use of a third party to convey false information, the Colorado Supreme Court decided on Monday. There was no dispute that Michael Thomas Hupke asked his mother to lie to his parole officer on his behalf. Further, Hupke acknowledged Mesa County…
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Development fees not limited to brand new construction, Colorado court rules
Colorado’s second-highest court ruled last month that local governments’ ability to impose fees on “new development” is not limited solely to construction projects that occur on empty land. Under state law, local governments that issue development permits are empowered to impose an impact fee that reflects governmental spending on “capital facilities needed to serve new…
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Colorado justices consider whether fraud claims belong in corporate dispute
The Colorado Supreme Court considered on Tuesday whether it is possible for a corporate plaintiff to pursue fraud claims over conduct that could be covered by a contract or by a set of interrelated business agreements leading up to the contract. Previously, the Court of Appeals found that Veolia Water Technologies, Inc. had a duty,…
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Couple’s notarized agreement did not create common law marriage, appeals court says
A Garfield County couple’s signed, notarized document attesting to their common law marriage does not mean they were actually married, Colorado’s second-highest court ruled last week. In contrast to a formal, licensed marriage, Colorado recognizes common law marriages between two people who mutually agree to enter into a marriage and then engage in conduct reflecting…
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Colorado justices skeptical of defendant’s challenge to flawed jury instruction
Members of the Colorado Supreme Court appeared willing to uphold a defendant’s vehicular eluding conviction on Tuesday, suggesting that an incorrectly worded jury instruction was not an obvious and harmful error in light of the defense’s choice not to dispute the evidence. A Denver jury convicted Jeffery Sloan of killing Yasir Hasan and Mark Karla by running…
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Judge’s error allowing juvenile defendant to be prosecuted as adult cannot be reversed, appeals court says
Colorado’s second-highest court concluded last month that a judge’s error in allowing a juvenile defendant to be prosecuted as an adult cannot be corrected on appeal because the defendant later pleaded guilty. The case arose under unusual circumstances, after police connected James Edward Papol in 2018 to the 30-year-old unsolved murder of Mary Lynne Vialpando…
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Colorado justices decline to say whether man’s child prostitution conviction is unconstitutional
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…