judge elizabeth harris
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Appeals judge asks Colorado Supreme Court to clarify process for returning seized property to defendants
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A member of Colorado’s second-highest court asked the state Supreme Court on Thursday to address the consequences of its 2022 decision outlining how convicted defendants are supposed to seek the return of property seized by law enforcement. In Woo v. El Paso County Sheriff’s Office, the justices concluded that defendants cannot bring a separate civil…
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Justices consider where to draw line on experts testifying about child witnesses’ honesty
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Members of the Colorado Supreme Court considered last week how far an expert witness can go in suggesting to a jury that another witness is being truthful, which is generally forbidden. Previously, the state’s Court of Appeals believed a defendant who “persistently” argues an adult influenced a child victim to lie has opened the door…
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Appeals court finds Denver judge terminated man’s parental rights based on faulty reasoning
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Colorado’s second-highest court on Thursday determined the evidence did not support a Denver judge’s ruling terminating the legal relationship between a father and his child. A three-judge Court of Appeals panel identified numerous instances where the facts contradicted the trial judge’s findings that the father lacked stable housing and was unable to be “a full-time…
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Lakewood must release police body cam footage of teen’s fatal shooting, appeals court rules
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Colorado’s second-highest court ruled last week that Lakewood is obligated to release body-worn camera footage of police fatally shooting a 17-year-old girl, notwithstanding her surviving family’s objections. A three-judge Court of Appeals panel interpreted a key transparency requirement in Colorado’s landmark police accountability law from 2020. Judge Timothy J. Schutz wrote that legislators crafted “a…
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‘Deceivingly complicated’: Appeals judges talk to lawyers about postconviction cases
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Members of Colorado’s second-highest court told lawyers and judges on Thursday what they are looking for when a convicted defendant argues they are entitled to relief for reasons beyond the typical array of trial-related errors. In contrast to direct appeals of criminal convictions, which usually allege errors before trial, at trial or at sentencing, defendants…
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Appeals court rules anti-police bias alleged in jury deliberations is not basis for overturning verdict
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Colorado’s second-highest court ruled last week that allegations of a juror’s anti-police statements during deliberations in a civil trial cannot trigger an inquiry into whether the juror’s bias requires a new trial. Generally, jurors cannot be made to testify about statements made during deliberations when a party challenges the validity of a jury’s verdict. There…
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Supreme Court justice, appeals judge spar over authority to decide issues | APPELLATE UPDATE
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One of Colorado’s Supreme Court justices and a member of the Court of Appeals debated on Friday about how far appellate judges should go when deciding cases using reasons that are different from the ones the litigants argued in court. Justice Richard L. Gabriel described the “party presentation principle” as stemming from the idea that…
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Appeals court, prosecution, defense all agree judge violated Routt County defendant’s right to counsel
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After the government and the defense both expressed rare agreement that a judge failed to ensure a Routt County defendant validly gave up his right to counsel, Colorado’s second-highest court ordered a redo of the proceedings on Thursday. Jurors convicted Movses Mikaelyan in 2023 for the unauthorized use of a financial device. Shortly afterward, his…
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Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
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The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
