judge david richman
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Colorado justices reverse murder conviction for police interrogation lacking Miranda warning
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A woman convicted of murdering her husband in a Moffat County motel room will receive a new trial after the Colorado Supreme Court concluded on Monday that police failed to provide a Miranda warning before interrogating her. Rachel Ann Niemeyer and Michael Adam Freese were intoxicated and handling a rifle when the gun went off and…
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Colorado justices wrestle with whether woman’s 2.5 hours under police supervision was ‘custody’
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Members of the Colorado Supreme Court wrestled last month with a question that previously divided the state’s second-highest court: Did Craig law enforcement effectively place a heavily intoxicated woman in custody and interrogate her for the murder of her husband without providing the necessary Miranda warning? The answer could implicate the breadth of protection afforded…
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Colorado justices narrowly uphold IP-based search warrant, decline to adopt broader rule
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The Colorado Supreme Court upheld as constitutional on Monday a warrant that permitted Clear Creek County sheriff’s personnel to search a man’s laptop for child pornography, even though he lived in a unit separate from the target residence and law enforcement was focusing on a different suspect the day of the visit. Previously, four lower…
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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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Ethics, family law and AI: Colorado’s justices, judges speak about appellate do’s and don’ts
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During a pair of events earlier this month, one for young lawyers and one for appellate attorneys more broadly, several of Colorado’s judges and justices provided commentary on subjects ranging from professionalism and artificial intelligence to key developments within the judiciary. Chief Justice Brian D. Boatright also disclosed he will swear in Justice Monica M. Márquez on July…
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Colorado justices vent about difficulty of evaluating racial bias in jury selection
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Members of the Colorado Supreme Court last week expressed frustration with the difficulties of pinpointing unconstitutional racial bias in jury selection, especially when relatively few details are available after the fact about what happened at trial. “We’re trying to guess what’s in someone’s mind, someone’s heart, even when they may not be aware of it,…
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Colorado justices tentatively agree that judges’ appearance of bias can matter in criminal appeals
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Although members of the Colorado Supreme Court on Tuesday seemed unconvinced that an El Paso County judge should have recused herself from a case because she was previously the victim of a similar crime, the court was less receptive to the government’s position that a judge’s appearance of bias can almost never be grounds for…