court of appeals
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State Supreme Court to hold oral arguments, lawyers attend annual apellate event | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. The state Supreme Court is holding oral arguments this week, plus lawyers and judges came together for the annual appellate conference to trade tips and hear about updates from the courts. Colorado Supreme Court news • The Supreme Court will hear…
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Judge tearing up during victim’s testimony does not warrant new trial, appeals court says
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
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
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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Colorado’s incoming chief appeals judge lays out agenda | APPELLATE UPDATE
The incoming chief judge of Colorado’s Court of Appeals told lawyers on Friday that his goals for his four-year term include figuring out why criminal cases are taking nearly 1.5 years on average to reach appellate judges’ desks. “Criminal briefing is one of my biggest focuses, to be blunt,” said Judge Ted C. Tow III.…
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Colorado appeals judges give tutorial on friend-of-the-court briefs | APPELLATE UPDATE
Two members of the Colorado Supreme Court and Court of Appeals described to attorneys on Friday how and when to submit advocacy briefs from outside entities — and the tactics that turn off the judges who read them. “I get that there are certain advocacy groups on particular sides. I can pick up a particular…
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Divided appeals court finds no prosecutorial misconduct in prison assault case
Colorado’s second-highest court concluded last week that a Lincoln County prosecutor did not misstate the law to a degree that undermined a jury’s assault verdict against the defendant. During closing arguments in Phillip Archuleta’s 2023 trial, the prosecutor suggested to jurors that Archuleta did not have to make contact with a corrections officer during a…
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Boulder County prosecutor improperly used defendant’s silence as guilt, appeals court finds
Colorado’s second-highest court reversed a Boulder County defendant’s sexual assault conviction last week after concluding that a trial judge should have intervened to stop the prosecutor from inappropriately using the man’s constitutional right to silence to suggest he was guilty. Prosecutors charged Charles G. Higdon III with two counts of sexual assault. Jurors acquitted him…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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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Judge’s students create AI apps, solicitors general gather for group discussion | COURT CRAWL
Welcome to Court Crawl, Colorado Politics’ roundup of news from the third branch of government. A federal judge’s law students created artificial intelligence-powered apps to address access-to-justice issues, plus half a dozen current and former solicitors general of Colorado spoke about the unique role. State Supreme Court news • The Colorado Supreme Court decided that lifetime…