judge craig welling
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Appeals court allows ex-Boulder council candidate’s defamation lawsuit to proceed against activist
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Colorado’s second-highest court more precisely defined the contours of defamatory online speech last week, allowing a former Boulder City Council candidate’s lawsuit to proceed against a political activist who created an impersonation Twitter account that linked to unflattering material about the candidate. At the same time, a three-judge panel of the Court of Appeals declined…
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Colorado appeals court agrees CDOT worker showed agency retaliated against him
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Colorado’s second-highest court agreed last month that a Colorado Department of Transportation employee demonstrated his supervisors likely demoted him not for performance-related reasons, but because he spoke with a civil rights investigator about misconduct in the agency. Weeks after Marcus Maes shared his knowledge of multiple racist or hostile workplace incidents, his superiors elected to…
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Colorado appeals court divided on timeline for awarding restitution to crime victims
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Nearly two years after the Colorado Supreme Court clarified that the typical method by which judges and prosecutors were awarding restitution to crime victims was incorrect, the state’s Court of Appeals is again divided over what the proper procedure looks like. Last week, a three-judge appellate panel disagreed whether El Paso County District Court Judge…
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El Paso County prosecutor committed misconduct, prompting appeals court to reverse convictions
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In a rare finding of prosecutorial misconduct, Colorado’s second-highest court reversed a man’s convictions for attempted murder and assault on Thursday because an El Paso County prosecutor misled jurors into thinking defendant Charles Eugene Jefferson was responsible for the victim’s failure to testify at trial. Andrew Lower, a deputy district attorney, told jurors the reason…
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Colorado appeals court orders El Paso County judge to reopen case of man serving 100+ years
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Colorado’s second-highest court last week ordered an El Paso County judge to hold a hearing on an incarcerated man’s claim that he received constitutionally-ineffective assistance of counsel, based on his trial lawyer’s decision not to call multiple witnesses who would have corroborated the defendant’s alibi. Antonio Jose Vargas Jr. is serving a 96-year sentence for…
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Divided appeals court OK’s corrections department’s violation of speedy trial law
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Colorado’s second-highest court last month declined to overturn a man’s Arapahoe County convictions, while acknowledging the head of the Colorado Department of Corrections failed to follow a law designed to give detainees a speedy trial. A three-judge panel for the Court of Appeals noted the department’s then-executive director, Rick Raemisch, did not forward to the…
