john dailey
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Appeals court orders new trial after discovery that judge previously represented defendant
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The revelation that a Saguache County judge presided over a man’s trial despite representing him briefly as a public defender before her appointment prompted the state’s second-highest court to overturn the conviction and order a new trial on Thursday. By 2-1, a three-judge panel of the Court of Appeals believed Donald L. Garcia had not…
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Judicial committee secretly debates proposal to address racial bias in jury selection
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A committee of the Colorado Supreme Court met behind closed doors on Friday to discuss two proposals for curtailing the exclusion of people of color from juries based on explicit or implicit racial bias. The renewed effort comes months after legislation to accomplish the same goal died in the legislature in the wake of opposition…
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Appeals court split solidifies on Indian child law ahead of Supreme Court arguments
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Colorado’s second-highest court has reinforced its split interpretation of when judges in child welfare proceedings have reason to know a child falls under the legal definition of “Indian,” triggering longstanding federal protections for tribal nations. Last week, a three-judge panel for the Court of Appeals issued a decision on the reason-to-know standard under the Indian…
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Appeals court offers competing interpretations of juror’s admission he ‘didn’t want diversity’
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A fractured Court of Appeals has upheld the kidnapping and sexual assault convictions of a man in Gilpin County, with sharp disagreement among the judges about the role racial bias played in his jury selection. Reginald Keith Clark, who is Black, is serving a 30-year sentence for bringing a white woman against her will from…
