criminal
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‘Deceivingly complicated’: Appeals judges talk to lawyers about postconviction cases
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Members of Colorado’s second-highest court told lawyers and judges on Thursday what they are looking for when a convicted defendant argues they are entitled to relief for reasons beyond the typical array of trial-related errors. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants…
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Cyberattack disables Colorado public defender office’s network
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A malware attack on the state public defender’s computer system last week has resulted in the disabling of the office’s network, the office confirmed on Monday. A spokesperson for the Judicial Department said the courts themselves were not affected by the cyberattack. “As a preventative measure, we temporarily disabled our computer network and are working…
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Appeals court clarifies criteria for extending juvenile speedy trial deadline
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Colorado’s second-highest court clarified for the first time earlier this month that the same criteria used to extend an adult criminal defendant’s speedy trial deadline also apply to juveniles. The federal and state constitutions guarantee the right to a speedy trial. In Colorado, that means the government generally must bring defendants to trial within six…
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Federal judge dismisses Tina Peters’ attempt to halt state prosecution for elections charges
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A federal judge on Monday threw out an attempt by former Mesa County clerk Tina Peters to avoid standing trial for criminal charges related to election equipment tampering. Grand jurors indicted Peters, a Republican who unsuccessfully ran for secretary of state in 2022, on multiple counts of attempting to influence a public servant, official misconduct…
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‘There’s stuff that has kept me up at night’: Judges speak candidly to Denver students
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Three members of the state’s Court of Appeals fielded questions from curious high school students on Tuesday, one of the most common subjects being how they could separate their emotions about cases from the impartial legal decisions they are expected to render. The judges conceded that it takes practice. “Sometimes I see myself getting mad…
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DaVita criminal trial ends first week with executive hiring under microscope
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The criminal trial of kidney care company DaVita, Inc. and its former leader, Kent Thiry, ended its first week with a detailed look at the flow of DaVita employees to Radiology Partners, another healthcare company the government alleges was involved in a conspiracy to stifle competition in the labor market. Jurors heard from Rich Whitney,…
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‘I’m not proud of this’: Jurors in DaVita hear from witnesses who carried out allegedly illegal agreements
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Jurors on Tuesday learned details about the alleged conspiracy to keep workers locked in their jobs by DaVita, Inc. and its former leader Kent Thiry, hearing directly from two people who enforced the terms of the agreements or understood the motivations behind them. A key government witness, Bridget “Bridie” Fanning, recalled how uncomfortable she felt…
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United States v. DaVita: Preview of groundbreaking white-collar trial in Denver
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The nearly three-week criminal trial of Denver-based DaVita, Inc. and its former leader, Kent Thiry, will begin on Monday morning, as prosecutors attempt to prove that a series of agreements between DaVita and its competitors are a novel violation of a century-old antitrust law. The government alleges there were high-level understandings that certain competitor companies…
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Justices uneasy over disclosure deal between Colorado prosecutors, defense attorneys
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A group of prosecutors and defense attorneys recently reached an accord over the responsibility of district attorneys to provide timely information favorable to criminal defendants or face professional sanctions. But members of the Colorado Supreme Court, at a hearing this week on the proposed rule change, expressed doubts about the new standard for holding prosecutors…
