fifth amendment
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Federal judge allows inmate to challenge prison’s confiscation of allegedly dangerous book
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A federal judge has permitted an incarcerated man to challenge prison officials’ decision to withhold a book that allegedly depicted or encouraged disruption. Rodney C. Hamrick is incarcerated at the Administrative Maximum Facility in Florence, also known as “supermax” or “ADX.” In 2022, the warden rejected two books Hamrick received, both of which were written…
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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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Federal judge declines to block Colorado’s EpiPen affordability law, for now
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A federal judge on Wednesday declined to block a new Colorado law set to take effect on Jan. 1 that regulates the affordability of EpiPens, but, in the process, requires manufacturers to reimburse or resupply pharmacies with the devices in certain circumstances. While U.S. District Court Judge Daniel D. Domenico turned down the request for…
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Federal judge weighs constitutionality of new Colorado law regulating EpiPen pricing
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A federal judge on Monday heard arguments about whether a new Colorado law regulating the affordability of EpiPens and their generic equivalents should be partially blocked because it potentially violates the U.S. Constitution. In June, Gov. Jared Polis signed a Democratic-backed measure aimed at countering the rising prices of epinephrine auto-injectors, which can save the lives…
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Arapahoe County murder conviction overturned due to prosecutor misconduct
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A teenager convicted of murder will receive a new trial after Colorado’s second-highest court determined on Thursday that Arapahoe County prosecutors inappropriately used the defendant’s constitutional right to silence as evidence of his guilt. Jurors convicted Marquez Woodruff in 2019 of fatally shooting Terry Capler in the latter’s Aurora home. Woodruff, who was 16 at the time…
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Denver judge wrongly barred witness testimony, appeals court rules in reversing 64-year sentence
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A Denver judge incorrectly blocked a key witness from testifying at a man’s trial, prompting Colorado’s second-highest court to overturn the defendant’s convictions and 64-year prison sentence last week. Jurors convicted Amos Rogers in 2020 of assaulting a police officer, drug possession and carrying a prohibited large-capacity gun magazine, among other offenses. Rogers did not…
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Former public defenders offer crash course on rights: Remain silent when interacting with cops
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On a Saturday morning in Aurora, more than a dozen audience members – mostly people of color – received a crash course in how to interact with police without compromising any constitutional protections. The overarching message: You have the right to remain silent, and you should use it. “The idea of talking yourself out of something is…
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Appeals court clarifies Fifth Amendment rights of sex offense probationers
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Colorado’s second-highest court clarified last week that if a defendant on sex-offender probation refuses to accept responsibility for his crime as a condition of treatment, the Fifth Amendment’s protection against self-incrimination may prohibit a judge from revoking his probation as a punishment. A three-judge panel for the Court of Appeals specified that its decision applied…
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‘This is how innocent people are convicted,’ defendant alleges wrongful conviction to Supreme Court
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When police arrested Nora Hilda Rios-Vargas for the burglary of a Weld County trailer home where someone had stolen $15,000 in jewelry and $3,000 in coins, there was only one definitive piece of evidence linking her to the crime scene: shards of a bloody latex glove with her DNA on it. At the same time,…
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Appeals court finds district attorney violated defendant’s rights with comments
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A prosecutor in Morgan County crossed the line by implying a defendant was guilty because he chose to exercise his constitutional right to stay silent, Colorado’s second-highest court ruled last week. The Fifth Amendment protects a criminal defendant’s right against self-incrimination, and it is part of the Miranda warning a suspect receives in custody. The…
