interrogation
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Colorado Supreme Court accepts cases on police interrogation, mid-trial appeal
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The Colorado Supreme Court recently announced it will determine whether a convicted defendant should receive a new trial after detectives interrogated him without probable cause and while executing a narrow order to obtain his DNA. At least three of the court’s seven members must agree to take up a case on appeal. The justices also…
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Appeals court says requirement that parents be ‘present’ during child interrogations does not mean ‘attentive’
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Colorado’s second-highest court ruled on Thursday that the requirement for parents to be present when police interrogate their child in custody means only that the parent must be “physically present,” not “mentally present” as well. Under the landmark U.S. Supreme Court case Miranda v. Arizona, law enforcement is required to inform a suspect of their rights…
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Colorado justices reverse murder conviction for police interrogation lacking Miranda warning
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A woman convicted of murdering her husband in a Moffat County motel room will receive a new trial after the Colorado Supreme Court concluded on Monday that police failed to provide a Miranda warning before interrogating her. Rachel Ann Niemeyer and Michael Adam Freese were intoxicated and handling a rifle when the gun went off and…
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Boulder man’s attempted sex assault convictions overturned due to detectives’ actions
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A Boulder man will receive a new trial after Colorado’s second-highest court determined last month that a pair of detectives improperly detained and interrogated him about an attempted sex assault instead of simply collecting his DNA as a court authorized them to do. Angel Adrian Castro-Velasquez is serving 18 years to life in prison on…
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Colorado Supreme Court justice advises police to ‘tread carefully’ when misleading suspects
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Justice Melissa Hart suggested on Friday that police officers interrogating suspects in custody should recognize the “very, very thin line” they walk by making misleading representations during questioning, running the risk that courts will find the suspect’s confession involuntary. “Bottom line: Officers should, I think, tread carefully when they are thinking about whether to use…
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Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
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Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
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Appeals court rules juries may have unrestricted access to ‘pretext’ calls between sex assault victims, suspects
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Colorado’s second-highest court on Thursday ruled that trial judges may provide juries with unrestricted access during their deliberations to “pretext” phone calls made by sex assault victims to their alleged perpetrators with a goal of eliciting incriminating statements. The Court of Appeals had never before decided whether pretext calls should be treated like a defendant’s…
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Colorado Supreme Court permits Boulder prosecutors to use murder suspect’s statements to police
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The Colorado Supreme Court ruled on Monday that prosecutors in Boulder County may use a murder suspect’s statements to police as evidence because officers did not need to give the defendant a Miranda warning prior to asking about all of the blood on him. Brandon Mason Bohler stands accused of first-degree murder for fatally stabbing…
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Colorado Supreme Court permits Boulder prosecutors to use murder suspect’s statements to police
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The Colorado Supreme Court ruled on Monday that prosecutors in Boulder County may use a murder suspect’s statements to police as evidence because officers did not need to give the defendant a Miranda warning prior to asking about all of the blood on him. Brandon Mason Bohler stands accused of first-degree murder for fatally stabbing…
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Colorado Supreme Court permits Boulder prosecutors to use murder suspect’s statements to police
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The Colorado Supreme Court ruled on Monday that prosecutors in Boulder County may use a murder suspect’s statements to police as evidence because officers did not need to give the defendant a Miranda warning prior to asking about all of the blood on him. Brandon Mason Bohler stands accused of first-degree murder for fatally stabbing…
