drug
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Divided Colorado Supreme Court upholds police’s pat-down of man in ‘wrong place at the wrong time’
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The Colorado Supreme Court decided on Tuesday that police had not unlawfully seized a man when they patted him down in a chance encounter after he suddenly appeared outside the motel room where they were preparing to make an arrest. By 5-2, the justices believed Oscar Jonas Ganaway consented to the pat-down search, which resulted in…
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10th Circuit rules COVID access restrictions constitutional in criminal trial
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The Denver-based federal appeals court decided on Tuesday that the drastic restrictions on courtroom access during the ongoing COVID-19 pandemic did not violate a convicted defendant’s constitutional right to a public trial. A three-judge panel for the U.S. Court of Appeals for the 10th Circuit also rejected the argument that the trial court’s method of…
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Colorado Supreme Court questions 2020 change to child neglect laws
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The Colorado Supreme Court pondered on Tuesday what the legislature meant to happen when it changed the state’s child neglect laws in 2020 to require more than a positive drug test at birth to deem a child neglected. The debate centered on the wording lawmakers chose to replace the previous condition that a child is neglected when…
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Colorado Supreme Court upholds Arapahoe County murder, drug convictions
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Even if an Arapahoe County judge was wrong to combine a defendant’s drug and murder charges in one trial, the move did not likely affect the jury’s verdict, the Colorado Supreme Court ruled on Monday. Joseph Wayne Washington argued there should have been separate trials for his murder charge and for the other counts largely…
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10th Circuit says couple convicted in marijuana grow operation cannot skirt mandatory minimum sentence
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A husband and wife who were convicted of a large-scale marijuana grow operation at their Thornton home cannot take advantage of the legal provision that exempts some drug offenders from mandatory minimum sentences, the federal appeals court based in Denver ruled last month. Huosheng Xian and Youlian Zhong, who arrived in the U.S. from China in…
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In rare do-over, appeals court changes reasons for ordering new Denver assault trial
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In an unusual move, Colorado’s second-highest court last month withdrew its opinion ordering a new trial for a man convicted of assault, then issued a new decision with heavily modified reasoning. Originally, a three-judge panel for the Court of Appeals overturned Amos Rogers’ criminal convictions and 64-year sentence in October. It reasoned a Denver trial…
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10th Circuit upholds constitutionality of home search, Lakewood man’s gun conviction
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The federal appeals court based in Denver agreed last week that law enforcement had reasonable suspicion to search a Lakewood man’s home and, upon discovering a gun, there was sufficient evidence to convict him of illegally possessing it. Charles Ramon III is serving a sentence of nearly 20 years after a jury convicted him of…
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Colorado appeals court issues rulings on drug money, Pueblo councilman’s vandalism
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Colorado’s second-highest court on Thursday decided a pair of cases involving financial restitution to crime victims, finding defendants are not obligated to repay police departments for money used in drug purchases and also upholding a Pueblo council member’s duty to pay $3,800 for his vandalism. Under Colorado law, most convictions require judges to consider whether…
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Adams County judge properly dismissed charge after prosecutors failed to disclose evidence, appeals court says
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Because Adams County prosecutors disclosed key evidence in a criminal case only four days before trial – and 11 months after the evidence first became available – a judge acted within his authority by dismissing one of the charges against the defendant, the Court of Appeals ruled on Thursday. James Andrew Petrie stands accused of three drug-related…
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State Supreme Court finds Mesa County trooper conducted unlawful search — again
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For the second time in three months, the Colorado Supreme Court has agreed one state trooper working in Mesa County conducted an unlawful search of a vehicle in his attempt to apprehend drug traffickers. Colorado State Patrol Trooper Christian Bollen pulled over a rental Jeep on Interstate 70 for an allegedly unsafe lane change. The…
