judge craig welling
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
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Appeals judge trains fire on Colorado Supreme Court’s landmark restitution ruling
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One member of Colorado’s second-highest court has mounted an unusual effort in recent weeks to broadcast his dissatisfaction with a state Supreme Court decision that resulted in scores of financial restitution orders to crime victims being overturned on appeal. In Colorado, when a convicted defendant is required to pay restitution, prosecutors typically must provide the…
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Colorado justices weigh timeline to sue for injured children
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Under Colorado law, when a person is injured in a motor vehicle accident, they have three years to sue. If the person is a child, the deadline is three years from the date of the accident or two years after turning 18, whichever is later. The state Supreme Court, however, considered on Wednesday what happens…
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Appeals court orders new trial for defendant barred from invoking ‘laced’ marijuana defense
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For the first time last month, Colorado’s second-highest court determined a man should have been allowed to defend himself against criminal charges by letting jurors evaluate whether he ingested marijuana that, unbeknown to him, was allegedly laced with a stimulant. A Denver jury convicted Isaac U. Mion of robbery, criminal mischief and menacing. There was clear…
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Colorado Supreme Court examines reasonableness of DPS search of student on ‘safety plan’
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The Colorado Supreme Court considered this week what constitutional safeguards are necessary when school officials place students on “safety plans” that call for routine searches, even when there is no reasonable suspicion of an offense. The case may be the first in the country scrutinizing student safety plans, and balancing the Fourth Amendment’s prohibition on…
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Colorado justices skeptical of striking down antique car insurance policies
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Members of the Colorado Supreme Court appeared skeptical on Tuesday that an insurance company’s specialty policy applying only to classic cars amounts to a violation of the court’s past directive that coverage follows people, not vehicles. In the case before the justices, another driver struck Beverly Hughes while she was in her vehicle. The at-fault…
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Crime victim cannot sue over sheriff’s mishandling of evidence, appeals court rules
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A crime victim cannot claim the Huerfano County Sheriff’s Office violated his constitutional rights when it failed to process key evidence and compromised his assailant’s prosecution, Colorado’s second-highest court ruled on Thursday. In a case that seemed to be the first of its kind, Brian Puerta attempted to sue Sheriff Bruce Newman and three of…
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Colorado appeals court issues rulings on drug money, Pueblo councilman’s vandalism
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Colorado’s second-highest court on Thursday decided a pair of cases involving financial restitution to crime victims, finding defendants are not obligated to repay police departments for money used in drug purchases and also upholding a Pueblo council member’s duty to pay $3,800 for his vandalism. Under Colorado law, most convictions require judges to consider whether…
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Colorado Supreme Court accepts Weld County criminal appeal
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The Colorado Supreme Court announced on Tuesday that it will review a criminal case out of Weld County in which the jury instructions used to convict a man differed from the offense prosecutors charged him with. At least three of the court’s seven members must consent to take up an appeal. The justices also signaled…
