deadly force
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Colorado Supreme Court explores limits of ‘Make My Day’ defense
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There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors – including one who is now running for district attorney – to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Eagle County convictions reversed for prosecutors’ misconduct
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Colorado’s second-highest court reversed an Eagle County man’s convictions earlier this month because a trial judge permitted a pair of prosecutors — including one who is now running for district attorney — to misstate the law on self-defense to jurors. A jury acquitted Robert Fergus-Jean of more serious offenses like assault and attempted murder, but convicted him…
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Colorado Supreme Court to hear cases on identity theft, child prostitution
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The Colorado Supreme Court announced on Monday that it will review two criminal appeals, one questioning the level of proof needed to convict a man for trying to prostitute a child and the other addressing whether an organization can be the victim of identity theft. At least three of the court’s seven members must consent…
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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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Judges’ faulty instructions prompt appeals court to reverse convictions in 3 cases
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Colorado’s second-highest court reversed convictions in three separate cases last month after the trial judges’ faulty instructions to jurors improperly lowered the burden of proof needed to secure a guilty verdict. In each instance, the Court of Appeals determined the defendants’ juries were unable to consider key parts of their defense to the criminal charges,…
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This Week at the Capitol: April 23-27
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Here are the legislative committee hearings of note for the week ahead at the Colorado Capitol. Committee schedules are subject to change. The daily schedule is available on the legislature’s website. Click here and scroll down to committee hearings to listen online. MONDAY Senate State, Veterans & Military Affairs Committee, 1:30 p.m., Room 357 Senate Concurrent Resolution…
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This Week at the Capitol: March 19-23
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Here are the legislative committee hearings of note for the week ahead at the Colorado Capitol. Committee schedules are subject to change. The daily schedule is available on the legislature’s website. Click here and scroll down to committee hearings to listen online. MONDAY House Education Committee, 1:30 p.m., Room 112 House Bill 1252, barring the sale of…
