judge diana may
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Colorado Supreme Court intervenes in 4 ongoing cases
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The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Colorado Supreme Court dings El Paso County DA’s office for filing appeal in wrong court
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El Paso County prosecutors incorrectly filed an appeal with the Colorado Supreme Court, the justices ruled on Monday, explaining that a trial judge did not, in fact, declare a law unconstitutional and enable the state’s highest court to hear the case directly. Under state law and the procedural rules, district attorneys have a duty to…
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No constitutional right to plead guilty, appeals court says in upholding El Paso County convictions
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An El Paso County judge was not constitutionally obligated to accept a defendant’s guilty plea, Colorado’s second-highest court concluded last week. Appealing his convictions, Timothy Ray Scott Jr. argued his trial judge violated his constitutional right to “autonomy” by not letting him plead guilty. The U.S. Supreme Court has previously interpreted the Sixth Amendment’s guarantee of…