judge elizabeth harris
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Arapahoe County defendant serving life could receive new trial after lawyer withheld key details
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An Arapahoe County defendant who is serving a life sentence for a 20-year-old murder could receive a new trial because his lawyer withheld key details that affected his decision to decline a plea deal, Colorado’s second-highest court ruled last week. There was no dispute that Michael Evans did not shoot the victim during an October…
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Divided appeals court reverses assault conviction over insufficient guidance about paramedics’ authority
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Colorado’s second-highest court reversed a defendant’s conviction last week for assaulting a paramedic, concluding that a Denver judge needed to give jurors additional information about the duties that paramedics are legally authorized to carry out. Two paramedics were attempting to take Chakib E. Ez-Zahir to a hospital against his will. After one paramedic blocked his…
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Divided Colorado Supreme Court opens door to experts’ views on children’s truthfulness
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The Colorado Supreme Court ruled on Monday that experts may, in certain situations, tell jurors whether child witnesses exhibited signs of being coached by adults, without running afoul of the general prohibition on witnesses testifying about the truthfulness of other witnesses. The majority in the 4-3 decision maintained that defendants will not “open the door”…
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Colorado justices side with news organizations for disclosure of high-level child abuse data
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The Colorado Supreme Court ruled on Monday that the state must disclose the number of child abuse reports at individual group living facilities in response to an open records request, as the addresses are already in the public domain. The justices agreed that the Court of Appeals erred in resolving the case. But beyond that,…
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Appeals court recognizes longer window to sue insurers for withholding policy details
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Colorado’s second-highest court split with its own prior decision earlier this month and concluded injured motorists have two years, not one, to sue insurance companies for withholding relevant information about an at-fault driver’s policy. In 2019, Colorado lawmakers enacted a measure to help motorists determine which insurance coverage is available in the event of an injury. To…
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Appeals court says jury not obligated to apply discounts to determine value of stolen merch
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Colorado’s second-highest court concluded on Thursday that it was up to a Douglas County jury to determine the value of stolen merchandise at a defendant’s theft trial, after both sides presented different estimates of the items’ value. Under state law, a theft offense hinges on the market value of the stolen goods. Anything below $2,000…
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Second appeals judge voices concerns about new ‘reasonable doubt’ instruction
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Another member of Colorado’s second-highest court registered his concern on Thursday that a portion of the recently revised “reasonable doubt” definition improperly lowers the prosecution’s burden to prove a defendant guilty. Judge Daniel M. Taubman wrote that the current instruction advising jurors to acquit whenever there is “a real possibility the defendant is not guilty”…
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Appeals judge argues prior decision on defendant’s ‘3-strikes’ sentence was wrong
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A member of Colorado’s second-highest court argued on Thursday that a defendant stands wrongfully sentenced under the state’s “three-strikes” law, and an earlier appellate decision saying otherwise was incorrect. A three-judge Court of Appeals panel agreed that Kiki Lamount Douglas’ 96-year prison sentence was likely excessive. Originally, Douglas’ trial judge multiplied the maximum sentence as…
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Divided appeals court nullifies defendant’s $37,000 restitution obligation due to faulty order
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Colorado’s second-highest court concluded on Thursday that a defendant has no obligation to pay nearly $37,000 in crime victim restitution due to a faulty order that even the trial judge acknowledged was contrary to the law. In Colorado, as part of sentencing, judges must consider whether defendants owe financial restitution to their victims. If so,…
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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…