gilpin county
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Divided Colorado Supreme Court: Criminal trial livestreams not enough to satisfy public trial right
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A slim majority of the Colorado Supreme Court decided on Monday that livestreaming criminal proceedings without also opening the physical courtroom to spectators may violate the constitutional guarantee of a public trial. Addressing an issue that arose during the early COVID-19 pandemic, the justices considered whether it was acceptable for trial judges to restrict their…
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Colorado justices weigh constitutional implications of livestreaming criminal trials
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With the Sixth Amendment guaranteeing criminal defendants the right to a public trial, members of the Colorado Supreme Court grappled on Tuesday with a question that may have never arisen without a global pandemic: If a judge requires spectators to watch the trial remotely, is there a constitutional violation? In a pair of cases stemming…
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Colorado Supreme Court, 5-2, says no new trial following ‘overt, in-court racism’
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The Colorado Supreme Court concluded on Monday that a Black defendant did not deserve a new trial after one juror disclosed he moved to the overwhelmingly White jurisdiction because he “didn’t want diversity,” and the trial judge refused to dismiss him for bias. By 5-2, the court believed Reginald Keith Clark had not shown the…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
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Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
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Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…
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Colorado Supreme Court to hear 2 cases on pandemic-era trial livestreaming
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Four years after the COVID-19 pandemic first took hold in Colorado, the state Supreme Court announced on Monday it will review the constitutionality of two judges’ decisions to bar spectators from their courtrooms and instead rely upon livestreaming during a pair of criminal trials. At least three of the court’s seven members must agree to hear…
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Colorado justices struggle with juror in Black defendant’s trial who ‘didn’t want diversity’
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Members of the Colorado Supreme Court this week struggled with the fate of a Black defendant’s convictions in an overwhelmingly White jurisdiction, after a trial judge refused to dismiss a juror who admitted he “didn’t want diversity.” Although the justices have previously addressed cases involving people of color who were removed from juries because of…
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Colorado appeals court finds no problem with juror who was ‘buddies’ with law enforcement witness
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The state’s Court of Appeals ruled last week that a juror who was “buddies” with one of the prosecution’s witnesses was not biased and properly served on a Gilpin County criminal trial. Jurors convicted William Allen Davis in 2017 of multiple driving-related charges. Then-District Court Judge Dennis J. Hall cautioned beforehand that because Gilpin County…
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Gilpin County judge who kicked out defendant’s family committed public trial violation, court finds
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A Gilpin County judge who ejected the defendant’s family and other observers from his courtroom and told them to watch the livestream from elsewhere in the courthouse violated the defendant’s constitutional right to a public trial, Colorado’s second-highest court ruled last week. Michelle Re Nae Bialas was on trial for the second time when some…
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Appeals court rebuffs prosecutor’s claim that jury must disbelieve victim to acquit defendant
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A Gilpin County prosecutor committed misconduct when he told jurors they would have to believe the victim “fabricated this whole entire thing” in order to acquit a defendant of sexual assault, Colorado’s second-highest court ruled on Thursday. Nonetheless, a three-judge panel for the Court of Appeals found the prosecutor’s misrepresentation of the law did not…
