district attorney
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Appeals court ‘reluctantly’ sides with Jeffco DA in disapproving judge’s self-defense ruling
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Colorado’s second-highest court, by 2-1, agreed last week that a Jefferson County judge should not have let jurors consider whether a defendant acted in self-defense at a trial that resulted in his acquittal for menacing a police officer. However, members of the three-judge Court of Appeals panel criticized District Attorney Alexis King’s office for bringing…
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Judicial ethics panel says hiring state prosecutor as part-time municipal judge is OK
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The Colorado Supreme Court’s judicial ethics body determined last week that there is no problem if a municipal court wishes to hire a part-time judge who also works as a state prosecutor in the same judicial district. The Colorado Judicial Ethics Advisory Board, which consists of judges, lawyers and a non-attorney, reasoned that the prosecutor…
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‘Weird,’ ‘confusing,’ ‘disheartening’: Colorado Supreme Court under fire over racial bias proposal
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Several members of a Colorado Supreme Court advisory committee aired their frustration last week after the justices announced they had reached consensus on a proposal to combat racial discrimination in jury selection — by substantially watering down the protections built into the original draft. The Supreme Court took the unusual step of asking its Rules of…
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Colorado Senate committee advances bill to create 29 judgeships, with lawmaker support delicate
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The Senate Judiciary Committee advanced a bill to establish 29 new Colorado judgeships by a vote of 6-1 on Wednesday, with supporters and opponents both cautioning that their positions could change based on the availability of money. The committee heard testimony from numerous witnesses in support of the bill, including from sitting judges. Chief Justice…
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Colorado Supreme Court intervenes in second Weld County case after botched cell phone search
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The Colorado Supreme Court stepped in to do damage control this month in a second Weld County criminal case, following a trial judge’s failure to contain the fallout from a botched cell phone search. Marquise Shadell Daniels and Laura Tellers separately have sought the Supreme Court’s intervention after more than 120 confidential attorney-client communications fell…
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Boulder County prosecutors’ evidence insufficient for attempted murder charges, appeals court agrees
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Colorado’s second-highest court agreed last week that Boulder County prosecutors fell short of demonstrating a man likely attempted extreme indifference murder against multiple SWAT officers when he set off an explosion in his hotel room, causing window damage without any injuries. Prosecutors charged Leon Kiyoshi Gladwell with attempted extreme indifference murder. Under Colorado law, a person…
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Colorado justices, by 5-2, reverse sanction on prosecution in Ouray rape case
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The Colorado Supreme Court ruled on Monday, by 5-2, that a Ouray County judge wrongly prohibited the prosecution from using late-disclosed evidence in a hearing to determine whether probable cause existed to bring the defendant to trial. The court’s majority believed the judge’s failure to explain the basis for the sanction doomed his order. However,…
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‘Uncharted territory’: Colorado Supreme Court wades into murder case involving wrongly disclosed files
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The Colorado Supreme Court signaled last week that it may intervene in a Weld County murder case in which a trial judge has struggled to contain the accidental release of confidential defense documents to the prosecution. Marquise Shadell Daniels stands accused of murdering Blaire McQueen in December 2020. In an unusual twist, an investigator for the defense,…
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Colorado Supreme Court tosses Boulder DA’s appeal for failure to follow procedure
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Although the Colorado Supreme Court indicated earlier this year that it might intervene in an ongoing Boulder County prosecution implicating a key 2020 police reform law, the justices reversed course last week after realizing the district attorney’s office neglected to follow the correct appellate procedure. Originally, the prosecution sought the Supreme Court’s immediate guidance on…
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Colorado Supreme Court clarifies when defendants may call prosecutors as witnesses
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The Colorado Supreme Court clarified on Monday that criminal defendants may only call prosecutors as witnesses when there is a “compelling and legitimate reason,” and a man facing charges in Boulder County had not met that threshold in his case. The justices elected to hear the prosecution’s appeal in the ongoing proceedings against Harold Lloyd…