Habitual Criminal
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
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A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Appeals court declines to overturn defendant’s ‘3 strikes’ sentence
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Colorado’s second-highest court concluded on Thursday that a defendant was sentenced under the state’s “three strikes” law in a manner that did not comply with the U.S. Constitution, but the mistake did not require reversal. Known as the Habitual Criminal Act, Colorado’s law requires judges to impose three or four times the maximum sentence if a…
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Colorado justices, 5-2, conclude prior version of ‘3 strikes’ law satisfied Constitution
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The state’s highest court ruled on Monday that the version of Colorado’s “three strikes” law that was in effect before this year was constitutionally compliant, notwithstanding a recent U.S. Supreme Court decision that prompted the legislature to change how defendants are sentenced. Known as the Habitual Criminal Act, Colorado’s law requires judges to impose three or…
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Appeals judge decries inability for defendant to challenge his ‘three-strikes’ sentence
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A member of Colorado’s second-highest court on Thursday registered his discomfort with a defendant’s inability to challenge his lengthy prison sentence that was a product of the state’s “three strikes” law. Obdulio Arvelo is serving 48 years in prison for a 2011 theft-related conviction. The sentence resulted from Arvelo’s designation as a “habitual criminal,” meaning…
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Colorado Supreme Court confirms ‘3 strikes’ sentences not subject to challenge years afterward
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The Colorado Supreme Court ruled on Monday that defendants serving lengthy sentences under the state’s “three strikes” law, and whose convictions have been final for years or decades, do not have the opportunity to argue their punishments are excessive under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment nearly a century ago,…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
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Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…
