criminal trial
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Appeals judge believes revised ‘reasonable doubt’ definition is unconstitutional
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Although Colorado’s second-highest court has issued multiple decisions in recent months upholding a revised definition of “reasonable doubt” from three years ago, an appellate judge became the first on Thursday to argue that a key phrase violates defendants’ constitutional right to due process. Judge Michael H. Berger warned that, in his view, it is problematic…
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‘Mental gymnastics’: Lawyers, judge dissect Colorado Supreme Court’s racial bias rule for jury selection
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Lawyers from the prosecution and defense communities, along with a trial judge, attempted on Thursday to demystify a recent rule change addressing racial discrimination in criminal jury selection, with some head-scratching about what the Colorado Supreme Court had actually done. “The proposal initially was not to clarify a complicated area of law, but was an…
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Colorado Supreme Court adopts scaled-back racial bias rule after 2.5 years of consideration
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The Colorado Supreme Court on Thursday adopted a long-stalled rule aimed at curbing racial discrimination in jury selection, which differs in substantial ways from the proposal its criminal rules committee forwarded more than two years ago. Prominently, the court removed the original default prohibition on lawyers removing jurors of color for certain reasons that, while not explicitly…
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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10th Circuit rejects claim that judge pressured defense attorney
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The Denver-based federal appeals court concluded last week that a trial judge’s comments urging a criminal defense lawyer to be more cooperative in the presentation of evidence did not negatively affect the defendant’s right to a fair trial. Prior to trial, lawyers for both sides may agree which pieces of evidence are authentic — meaning they…
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10th Circuit rules COVID access restrictions constitutional in criminal trial
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The Denver-based federal appeals court decided on Tuesday that the drastic restrictions on courtroom access during the ongoing COVID-19 pandemic did not violate a convicted defendant’s constitutional right to a public trial. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit also rejected the argument that the trial court’s method of…
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10th Circuit finds no issue with pro-police robocall mysteriously played during criminal trial
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The federal appeals court based in Denver declined last month to overturn a defendant’s drug conviction on account of a bizarre announcement that played over the speakers mid-trial warning about “criminals” who want to “defund the police.” A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also refused to order a…
