hearsay
-
Adams County assault conviction overturned for improper testimony
—
by
Colorado’s second-highest court overturned a man’s assault conviction and seven-year prison sentence last week, concluding an Adams County judge admitted improper testimony from a nurse who documented the victim’s account. After the alleged assault, the victim went to a hospital by ambulance. She spoke to an emergency medical technician about her injuries, which was recorded…
-
Appeals court orders new murder trial for teen after judge blocked self-defense evidence
—
by
Colorado’s second-highest court overturned a defendant’s murder conviction last week after concluding an Arapahoe County judge wrongly barred evidence suggesting the man acted in self-defense. There was no dispute that 18-year-old Joseph Dean McCaughin shot and killed 16-year-old Ryan Robertson in Aurora in May 2019. In the prosecution’s telling, McCaughin was jealous of Robertson, who was…
-
Appeals court rules dead witness’s prior testimony may be used in criminal case
—
by
Colorado’s second-highest court clarified for the first time last week that a witness who testifies in a civil case, but who dies before a related criminal case goes to trial, may have their testimony used in the criminal proceedings. A three-judge Court of Appeals panel concluded that if the criminal defendant had a “full, fair,…
-
Appeals court overturns El Paso County domestic violence convictions for improper testimony
—
by
Colorado’s second-highest court on Thursday overturned a man’s domestic violence convictions because a witness’s improper testimony had provided the only link between the defendant and the assault in question. Generally, courts do not allow hearsay testimony, which means out-of-court statements introduced to prove the truth. Such statements are not subject to cross-examination under oath, making…
-
Appeals court overturns juvenile’s conviction based on Safe2Tell tip
—
by
Colorado’s second-highest court determined last week that a Weld County magistrate improperly relied on an anonymous tip through the state’s Safe2Tell program when she found a juvenile defendant had participated in vandalizing a high school. Surveillance video captured two people spray painting a school building. Administrators subsequently received a tip identifying one of the suspects…
-
Despite trial error, 10th Circuit upholds Mesa County man’s child sex convictions
—
by
Although a trial judge wrongly permitted jurors to see a 9-year-old video of a child victim’s accusations, the federal appeals court based in Denver upheld the sex-related convictions of a Mesa County man last month. Michael Tracy McFadden was originally convicted in state court for sexually assaulting multiple children, including on trips out of state through his…
-
Appeals court reverses Adams County attempted murder conviction due to experts’ improper testimony
—
by
Colorado’s second-highest court last month overturned a man’s attempted murder conviction because prosecutors failed to establish a chain of custody for the defendant’s DNA and fingerprint evidence that allegedly tied him to the crime. Jurors heard from two forensic analysts who matched Julian Vigil to the gun that was used to shoot the victim in…
-
Assault, murder convictions reversed in 2 cases for judges’ errors
—
by
Colorado’s second-highest court on Thursday reversed two sets of criminal convictions because trial judges gave improper instructions to jurors or incorrectly allowed damaging evidence to be heard. In the first case out of Jefferson County, jurors convicted Clinton Eugene Priest of murdering and assaulting Robert Miller after the two men got into a physical confrontation outside…
-
Colorado Supreme Court to review limits on negligence claims in case over Denver restaurant fire
—
by
The Colorado Supreme Court announced on Monday that it will review whether a judicially created rule barring certain types of negligence claims applies when a defendant acts recklessly to cause an injury. At least three of the court’s seven members must agree to take up an appeal. The justices also signaled they may intervene in…
-
Federal judge finds constitutional violation in Aurora ‘Labor Day Massacre’ murder trial
—
by
A federal judge last week agreed a man convicted more than 20 years ago for a series of Aurora murders known as the “Labor Day Massacre” had his constitutional rights violated when prosecutors played for jurors unreliable statements from a second homicide suspect. U.S. District Court Judge Nina Y. Wang made the unusual finding that…
