judge brian flynn
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SCOTUS stalking decision does not apply to non-speech behavior, appeals court rules
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Colorado’s second-highest court clarified on Thursday that a U.S. Supreme Court decision recognizing First Amendment protections for alleged stalkers does not apply to prosecutions where the defendant’s stalking is based on something other than their speech. By 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado in 2023, a case out of Arapahoe County…
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
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A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…
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Appeals court reverses first stalking conviction thanks to new SCOTUS requirement
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Colorado’s second-highest court reversed a defendant’s stalking conviction last week for the first time since the U.S. Supreme Court decided in 2023 that prosecutors must prove a defendant had some understanding of the threatening nature of his speech. Last year, by 7-2, the Supreme Court handed down its ruling in Counterman v. Colorado, a case out…
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Mesa County judge chosen to be part-time federal judge
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Mesa County District Court Judge Richard T. Gurley will be Colorado’s next federal judge, taking office as the U.S. District Court’s part-time magistrate judge stationed in Grand Junction. Gov. Bill Owens appointed Gurley in 2006, eight years after the latter moved to Colorado from Florida. Prior to joining the judiciary, Gurley practiced criminal defense and…
