judge elizabeth harris
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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…
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Boulder County prosecutors’ evidence insufficient for attempted murder charges, appeals court agrees
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Colorado’s second-highest court agreed last week that Boulder County prosecutors fell short of demonstrating a man likely attempted extreme indifference murder against multiple SWAT officers when he set off an explosion in his hotel room, causing window damage without any injuries. Prosecutors charged Leon Kiyoshi Gladwell with attempted extreme indifference murder. Under Colorado law, a person…
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Colorado Supreme Court to hear appeal claiming race-based prosecution
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The Colorado Supreme Court announced on Monday it will review whether a juvenile defendant who was tried and convicted of murder as an adult was entitled to have the case dismissed because the government allegedly engaged in selective, race-based prosecution. At least three of the court’s seven members must agree to take up a case…
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Colorado Supreme Court rejects effort to let judges restrict defense lawyers’ work on postconviction claims
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The Colorado Supreme Court clarified on Monday that trial judges cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is illegal, new evidence has come to light or their conviction violated the U.S.…
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Appeals court finds flaws with restitution orders in 2 criminal cases
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Colorado’s second-highest court last week overturned multiple orders, in whole or in part, for criminal defendants to pay financial restitution to their victims. In the first case out of Arapahoe County, Aron Sanchez was charged for two sets of crimes. He was accused of breaking into a vehicle to steal a stereo, after which his…