david furman
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Convictions reversed in 2 cases due to faulty jury instructions
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Colorado’s second-highest court reversed the convictions of two Arapahoe County criminal defendants earlier this month, citing the failure by the trial judges to properly instruct jurors about the law on self-defense. The circumstances of each case differed slightly. In one instance, the trial judge apparently forgot to read the proper self-defense instruction he had previously…
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In rare move, appeals court reverses itself to concede unlawful search
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After taking an extraordinary third look at a criminal appeal out of Gilpin County, Colorado’s second-highest court this week made the rare move of withdrawing its prior decisions and reversing the defendant’s drug conviction. Nearly 11 months after it first concluded a sheriff’s deputy lawfully seized a sunglasses case from Robert Scott Schweizer’s van that contained methamphetamine, a…
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Divided appeals court finds woman convicted of murder not subject to Miranda rights violation
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By 2-1, Colorado’s second-highest court last week decided police in Moffat County were not required to read a woman her Miranda rights in the two hours they supervised her, kept her in an interrogation room, bound her hands to preserve evidence and watched her make incriminating statements. Law enforcement are required to provide a Miranda…
