domestic violence
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Appeals court reluctantly finds last-minute release of evidence by judge, prosecutor justified extension of trial deadline
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Colorado’s second-highest court on Thursday declined to find a defendant’s right to a speedy trial was violated, even as the appellate judges were disturbed that an Arapahoe County judge and prosecutor waited until the last minute to release 31,000 pieces of evidence to the defense. As part of the constitutional guarantee of a speedy trial,…
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El Paso County judge wrongly dismissed case after victim failed to show, appeals court rules
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An El Paso County judge incorrectly dismissed a domestic violence case after the alleged victim did not appear on the morning of trial, when she should have instead granted the prosecution’s request to issue a warrant, Colorado’s second-highest court ruled last week. Under the rules of criminal procedure, a judge “shall issue” a warrant for…
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Appeals court agrees municipal domestic violence conviction is grounds for denying gun purchase
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Colorado’s second-highest court ruled for the first time last week that a domestic violence conviction under a municipal ordinance will bar a person from purchasing a firearm, thanks to a recent revision in federal law. The question required a three-judge Court of Appeals panel to answer whether a Denver man’s local domestic violence charge, while…
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Appeals court says prosecutors may use evidence of defendant abusing witness to boost credibility
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Colorado’s second-highest court ruled last week that prosecutors may introduce evidence at trial of a defendant’s past abuse of a witness if it will help jurors understand why the witness may have originally lied to protect the defendant. Romando Marquis Jones and Dacey Spinuzzi are both serving prison sentences for the death of 14-month-old Aiden Seeley, who…
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Appeals court overturns El Paso County domestic violence convictions for improper testimony
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Colorado’s second-highest court on Thursday overturned a man’s domestic violence convictions because a witness’s improper testimony had provided the only link between the defendant and the assault in question. Generally, courts do not allow hearsay testimony, which means out-of-court statements introduced to prove the truth. Such statements are not subject to cross-examination under oath, making…
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Appeals court says no automatic cross-examination of witnesses whose probation ends by trial
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If a person was serving a probationary sentence at the time they witnessed a crime, but their probation ended by the time they testified at trial, the defense does not have the right to let jurors hear about that witness’s connection to the prosecution, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the…
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Colorado judges face calls for new domestic violence training after survey finds child abuse concerns ignored
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Armed with a survey of parents who lambasted family court judges and magistrates for regularly ignoring signs of child abuse during custody disputes, legislators and court reform advocates are pressing for new domestic violence training mandates and other measures for judges and magistrates. “This document brings to light the voices of Colorado citizens who have…
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Federal judge dismisses malicious prosecution suit against Colorado Springs officers
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A federal judge has dismissed a woman’s lawsuit against two Colorado Springs police officers who arrested her instead of looking into her report that she was the victim of domestic violence. U.S. District Court Judge Charlotte N. Sweeney found it problematic if the officers did not follow up on Rebecca Varney’s claim of being assaulted…
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Aurora council moves forward with plans to stop prosecuting domestic violence, challenge state law
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Aurora lawmakers on Monday night moved forward with items that deal with the city’s handling of domestic violence cases and potentially explore a lawsuit against the state over a new law on indigent defense. The first of the two is a resolution that directs “the City Manager, City Attorney, Court Administrator, and Presiding Judge to…
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Aurora lawmakers to discuss plan for ridding municipal court of domestic violence cases
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Aurora’s lawmakers will continue conversations about removing domestic violence cases from municipal court and vote to move forward with a resolution telling the city attorney to challenge a recently-passed Colorado law that would ban flat fee contracts for indigent defense. In Monday night’s study session, Councilmember Dustin Zvonek will bring forward a resolution draft for…
