judge daniel taubman
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Appeals judge calls for investigation into law firm’s handling of potential murder weapon
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A member of Colorado’s second-highest court took the extraordinary step on Thursday of calling for an investigation into the “serious ethical issues” raised by a criminal defense firm’s concealment of a potential murder weapon at its office without notifying the prosecution. A three-judge Court of Appeals panel upheld the convictions of Daniel Jesus Lopez, who is…
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Colorado justices weigh new trial for defendant barred from testifying about his lawyer’s advice
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Members of the Colorado Supreme Court considered last week whether a man serving a lengthy prison sentence for securities fraud should receive a new trial, after he was prohibited from testifying about what information his lawyer advised him to disclose to investors. Kelly James Schnorenberg contended he did not commit securities fraud because he consulted…
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Denver parents denied ‘fundamentally fair’ child neglect proceeding, appeals court finds
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Colorado’s second-highest court agreed last month that two Denver parents were denied a “fundamentally fair proceeding” in their child neglect case when the city imposed new conditions and a judge approved them without hearing from the parents first. In July 2022, Denver Human Services initiated a child neglect case against a mother and father. A…
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Appeals court says state campaign finance enforcement framework is constitutional
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Colorado’s second-highest court agreed last week that the state’s current method of adjudicating campaign finance complaints is constitutional and is not the “very definition of tyranny.” For several years, state law has allowed any person to file a complaint alleging a campaign finance violation, which the Colorado Secretary of State’s Office then screens, decides whether to dismiss…
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Appeals court overturns Archuleta County judge’s faulty child neglect ruling
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Colorado’s second-highest court agreed an Archuleta County judge abruptly and wrongly deemed a man’s children neglected after he did not appear for a hearing, even though there was no basis for such a ruling. The county opened a child neglect case for two children based on the mother’s alleged substance abuse. Their father, identified as…
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Appeals court rejects notion that coroners’ conclusions preempt other evidence of murder
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Colorado’s second-highest court ruled last week that an “undetermined” cause of death from a county coroner does not preclude prosecutors from presenting their own evidence that the death was actually a homicide. In the case before the Court of Appeals, Denver jurors convicted Robert W. Feldman in 2022 of murdering his wife, Stacy Feldman. He is…
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Appeals court divided over meaning of judge’s parenting order
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Colorado’s second-highest court was split last week over whether to uphold an Arapahoe County judge’s parenting order, with two appellate judges interpreting the language differently than the parties and the third appellate judge. In the underlying case, the county filed a child neglect case on behalf of a 4-year-old girl. At an October 2023 hearing,…
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Appeals court takes no issue with defense lawyer who admitted client’s guilt at trial
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Colorado’s second-highest court on Thursday concluded an attorney did not violate his client’s constitutional right to make key decisions about his defense when the lawyer unilaterally told the jury his client committed some of the charged crimes. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may concede their…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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Appeals court, 2-1, says names of book ban advocates not subject to disclosure
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Colorado law does not permit libraries to disclose the identities of people who request the removal of certain books, the state’s second-highest court ruled last week. A three-judge panel of the Court of Appeals did not weigh in on the broader movement to ban materials that touch on LGBTQ themes or race from library shelves.…