evidence
-
Appeals court clarifies evidence safeguards apply to child welfare caseworkers
—
by
Colorado’s second-highest court clarified on Thursday that caseworkers testifying as experts in child neglect cases are subject to the same safeguards for reliability that other “specialized knowledge” testimony must satisfy. Under the rules of evidence, judges can deem a witness an expert by virtue of their knowledge, skills, experience, training or education. After being qualified,…
-
Colorado justices may address whether defendants have right to review evidence when challenging convictions
—
by
The Colorado Supreme Court signaled on Tuesday that it may decide whether defendants challenging their criminal convictions due to ineffective assistance of counsel are entitled to the evidence the prosecution already handed over before trial. An attorney representing Keevin Bell II years after his Jefferson County murder conviction was unable to obtain all the evidence…
-
Colorado justices uphold $10.5 million award in downstairs meth lab case
—
by
The Colorado Supreme Court on Monday upheld a judge’s $10.5 million award to a woman and her daughter for their injuries stemming from toxic exposure from a suspected downstairs meth lab in their Littleton apartment building. The court originally took up the appeal to decide when a person or entity is required to preserve evidence…
-
Colorado Supreme Court to hear case about relevance of consensual bondage activity
—
by
The Colorado Supreme Court announced on Monday that it will review whether evidence of a defendant’s recent plans for BDSM activity with his alleged victim was relevant to his theory that he did not intend to cause serious bodily injury. At least three of the court’s seven members must agree to take up a case…
-
Colorado Supreme Court overturns judge’s prohibition on using victim’s journals as evidence
—
by
The Colorado Supreme Court on Friday overturned a judge’s order that prohibited Boulder County prosecutors from using the 25-year-old journal entries of an alleged victim to prove the defendant committed sexual assault on a child. In a brief April 25 order, the justices rejected the notion that the district attorney’s office should have allowed the…
-
Colorado justices say judge had no grounds to order defendant to turn over info to prosecution
—
by
The Colorado Supreme Court agreed on Monday that a trial judge had no authority to order a defendant to give the prosecution a preview of what his expert witness would say at a hearing to challenge his murder convictions. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for…
-
El Paso County prosecutor’s pattern of violations prompts appeals court to uphold dismissal of charges
—
by
Colorado’s second-highest court last week agreed an El Paso County judge was justified in dismissing some of the charges from a criminal case in response to a prosecutor’s repeated failure to timely disclose evidence. The Fourth Judicial District Attorney’s Office argued that District Court Judge Samuel Evig had not found prosecutor Jessica Kiel committed a…
-
Colorado justices to examine whether alleged victim’s ‘dream journal’ should be barred from trial
—
by
The Colorado Supreme Court signaled last week that it may intervene in an ongoing prosecution out of Boulder County in which a trial judge has prohibited prosecutors from using an alleged sex assault victim’s childhood journal at trial, containing evidence of her abuse. One week before Mark Allan Hochwender was scheduled to face trial on…
-
Appeals court agrees DA can sue Huerfano County sheriff over chronic mishandling of evidence
—
by
Colorado’s second-highest court ruled on Thursday that an elected district attorney was justified in suing the Huerfano County sheriff over persistent problems in evidence handling that compromised numerous prosecutions. Last year, Third Judicial District Attorney Henry Solano obtained a permanent injunction against longtime Sheriff Bruce Newman, in which a trial judge ordered Newman to hand…
-
Crime victim cannot sue over sheriff’s mishandling of evidence, appeals court rules
—
by
A crime victim cannot claim the Huerfano County Sheriff’s Office violated his constitutional rights when it failed to process key evidence and compromised his assailant’s prosecution, Colorado’s second-highest court ruled on Thursday. In a case that seemed to be the first of its kind, Brian Puerta attempted to sue Sheriff Bruce Newman and three of…
