domestic violence
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Divided appeals court reverses conviction after judge declined to define ‘bludgeon’
Colorado’s second-highest court reversed a Jefferson County defendant’s felony menacing conviction on Thursday, concluding that the trial judge’s failure to define “bludgeon” for jurors may have affected the outcome. A three-judge Court of Appeals panel divided in unusual ways in the case of Michael Casey Simms. Two judges believed the definition of “reasonable doubt” that…
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Colorado legislators pass bill that sponsors say would strengthen sex crime victim protections
A Colorado bill that supporters say would strengthen victim protections and mandate law enforcement training on how trauma can affect survivors of sex crimes and domestic violence is on its way to Gov. Jared Polis’ desk for signing. Senate Bill 26-095 recently passed unanimously in the Senate and was mostly unopposed in the House, where…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Colorado lawmakers want officers to conduct ‘lethality assessments’ when responding to domestic violence calls
A bipartisan group of lawmakers is hoping to reduce to Colorado’s rising domestic violence fatalities through a bill that would require law enforcement agencies around the state to conduct “lethality assessments” on domestic violence victims. In early December of last year, police found the body of 37-year-old Annette Valdez in a trash can near a…
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Appeals court reluctantly finds last-minute release of evidence by judge, prosecutor justified extension of trial deadline
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
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
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
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
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
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…