judge elizabeth harris
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Colorado Supreme Court wary of letting judges restrict defense lawyers’ work on postconviction claims
Members of the Colorado Supreme Court seemed sympathetic last week to the idea that trial judges, under the current rules for criminal cases, 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…
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Colorado Supreme Court explores limits of ‘Make My Day’ defense
There was no dispute that Justin Brendan Martinez shot and killed his friend, Ismael Huerta, inside Martinez’s house. Martinez and another witness described the shooting as a freak accident, one in which Martinez fired his gun at the floor but happened to fatally wound Huerta. Adams County jurors acquitted Martinez of murder but convicted him…
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Appeals court upholds contempt for defendant who destroyed phone rather than hand it over to judge
Colorado’s second-highest court agreed last week that an Arapahoe County judge properly held a criminal defendant in contempt for breaking his own cell phone to avoid handing it over to the judge as directed. A three-judge panel for the Court of Appeals noted that even if the judge’s attempt to seize the phone was illegal, the…
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Appeals court upholds contempt for defendant who destroyed phone rather than hand it over to judge
Colorado’s second-highest court agreed last week that an Arapahoe County judge properly held a criminal defendant in contempt for breaking his own cell phone to avoid handing it over to the judge as directed. A three-judge panel for the Court of Appeals noted that even if the judge’s attempt to seize the phone was illegal, the…
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Appeals court upholds contempt for defendant who destroyed phone rather than hand it over to judge
Colorado’s second-highest court agreed last week that an Arapahoe County judge properly held a criminal defendant in contempt for breaking his own cell phone to avoid handing it over to the judge as directed. A three-judge panel for the Court of Appeals noted that even if the judge’s attempt to seize the phone was illegal, the…
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Colorado appeals court upholds campaign finance fine for ex-state Senate candidate
Colorado’s second-highest court last week agreed a former state Senate candidate misinterpreted campaign finance law and failed to file the proper paperwork upon declaring her candidacy. Suzanne Taheri was the unsuccessful Republican nominee in 2020 for the seat now held by Sen. Chris Kolker, D-Littleton. Although Taheri believed she had satisfied Colorado’s campaign finance requirements…
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Colorado appeals court upholds campaign finance fine for ex-state Senate candidate
Colorado’s second-highest court last week agreed a former state Senate candidate misinterpreted campaign finance law and failed to file the proper paperwork upon declaring her candidacy. Suzanne Taheri was the unsuccessful Republican nominee in 2020 for the seat now held by Sen. Chris Kolker, D-Littleton. Although Taheri believed she had satisfied Colorado’s campaign finance requirements…
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El Paso County man’s concerns of bias did not entitle him to forgo jury trial, appeals court rules
Colorado’s second-highest court ruled earlier this month that a defendant in El Paso County did not have the right to unilaterally choose a trial by judge, rather than trial by jury, amid concerns that jurors would not treat him fairly. Jonathan Yamar Best is serving 20 years to life in prison after a jury convicted…
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El Paso County man’s concerns of bias did not entitle him to forgo jury trial, appeals court rules
Colorado’s second-highest court ruled earlier this month that a defendant in El Paso County did not have the right to unilaterally choose a trial by judge, rather than trial by jury, amid concerns that jurors would not treat him fairly. Jonathan Yamar Best is serving 20 years to life in prison after a jury convicted…
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El Paso County man’s concerns of bias did not entitle him to forgo jury trial, appeals court rules
Colorado’s second-highest court ruled earlier this month that a defendant in El Paso County did not have the right to unilaterally choose a trial by judge, rather than trial by jury, amid concerns that jurors would not treat him fairly. Jonathan Yamar Best is serving 20 years to life in prison after a jury convicted…