judge christina gomez
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Colorado Supreme Court to hear cases on witness retaliation, slip-and-fall
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The Colorado Supreme Court announced on Monday that it will decide whether defendants can be convicted of retaliating against a victim or witness when that person has not yet testified and is not scheduled to testify. At least three of the court’s seven members must agree to hear a case on appeal. There is currently…
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Appeals court orders new menacing trial after faulty self-defense instruction
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Colorado’s second-highest court ordered a new trial last week for an El Paso County defendant convicted of felony menacing, concluding an erroneous self-defense instruction may have influenced the verdict. Under Colorado law, self-defense is an affirmative defense, meaning the prosecution must disprove at least one component in addition to proving the underlying offense. Judges are…
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Divided appeals court overturns defendant’s $350,000 restitution obligation
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Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
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Appeals court overturns $850K+ in sanctions Douglas County judge imposed without explanation
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Colorado’s second-highest court on Thursday reversed a Douglas County judge’s decision to impose more than $850,000 in sanctions on a pair of plaintiffs and their lawyer without explaining why the amount was justified. A three-judge Court of Appeals panel noted there are multiple legal tools available for imposing sanctions for a lawyer or litigant’s conduct.…
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Adams County assault conviction overturned for improper testimony
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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…
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Moffat County School District may withhold portions of ‘organizational health’ report, appeals court says
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Colorado’s second-highest court agreed last month that Moffat County School District was entitled to withhold certain portions of an “organizational health” report commissioned by its school board to investigate areas of concern. The Moffat County Education Association petitioned under the state’s open records law for access to undisclosed portions of an investigator’s report, prepared alongside…
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Colorado justices ease path for successful civil defendants to turn around, sue plaintiffs
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The Colorado Supreme Court on Monday embraced a lower hurdle for successful defendants in civil cases to turn around and sue the plaintiffs for allegedly entangling them in baseless litigation. A person may sue for malicious prosecution when someone knowingly initiates a criminal or civil legal proceeding that lacks merit and the case ends in…
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Colorado Supreme Court to hear case about relevance of consensual bondage activity
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The Colorado Supreme Court announced on Monday that it will review whether evidence of a defendant’s recent plans for BDSM activity with his alleged victim was relevant to his theory that he did not intend to cause serious bodily injury. At least three of the court’s seven members must agree to take up a case…
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Appeals judges give Colorado lawyers inside view of courts | APPELLATE UPDATE
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Members of the appeals courts headquartered in Denver gave lawyers a peek on Friday into their behind-the-scenes operations and offered tips about presenting a compelling case to the people making decisions. “You have to pay attention to the entire bench, right? I think one mistake that you can make, as the questions start coming in,…
