Judge Grant Sullivan
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Divided appeals court overturns defendant’s $350,000 restitution obligation
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Colorado’s second-highest court overturned a defendant’s obligation to pay nearly $350,000 in crime victim restitution last week because an Arapahoe County judge issued the restitution order beyond the legal deadline. The divided decision of a three-judge Court of Appeals panel is the latest illustration of the struggle some judges continue to have with Colorado’s restitution…
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Douglas County judge violated defendant’s right to counsel at sentencing, appeals court finds
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A Douglas County judge violated a defendant’s constitutional right to the counsel of her choice by refusing to postpone sentencing until her lawyer returned to the country, Colorado’s second-highest court concluded on Wednesday. In early 2023, Lyndie J. Felsher received a three-year sentence in community corrections after pleading guilty to a felony drunk driving offense.…
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CDOT did not violate constitutional rights of outdoor advertising company, appeals court says
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Colorado’s second-highest court concluded last month that the Colorado Department of Transportation did not violate the constitutional rights of an outdoor advertising company by denying two permits for billboards in Adams County. StreetMediaGroup, LLC argued CDOT violated its right to equal protection under the law by allowing “large, influential competitors” to maintain signs not in…
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By 2-1, appeals court takes no issue with constitutional violation from defendant’s absence at hearing
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Colorado’s second-highest court, by a 2-1 vote, concluded that an Adams County judge’s order granting crime victim restitution was valid, even though the defendant was absent from a hearing which he had a constitutional right to attend. The U.S. and Colorado constitutions guarantee criminal defendants the right to be present at all “critical stages” of…
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
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A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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Appeals court reminds judges to advise defendants of rights prior to virtual sentencings
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Colorado’s second-highest court reminded trial judges on Thursday that they must advise criminal defendants of their right to appear in person before imposing a sentence virtually. A Boulder County jury convicted Levi Valles in November 2022 of multiple offenses, but Valles experienced a severe medical emergency prior to sentencing. Consequently, he was unable to appear…
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Appeals court orders new murder trial for teen after judge blocked self-defense evidence
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Colorado’s second-highest court overturned a defendant’s murder conviction last week after concluding an Arapahoe County judge wrongly barred evidence suggesting the man acted in self-defense. There was no dispute that 18-year-old Joseph Dean McCaughin shot and killed 16-year-old Ryan Robertson in Aurora in May 2019. In the prosecution’s telling, McCaughin was jealous of Robertson, who was…
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Colorado Supreme Court accepts cases on parole revocation, debt collection
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The Colorado Supreme Court recently announced it will decide whether people must appeal their revocation of parole to the parole board itself, or if they can seek judicial review directly. At least three of the seven members must agree to hear a case on appeal. The justices also will decide whether a debt collection company…
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El Paso County prosecutor’s pattern of violations prompts appeals court to uphold dismissal of charges
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Colorado’s second-highest court last week agreed an El Paso County judge was justified in dismissing some of the charges from a criminal case in response to a prosecutor’s repeated failure to timely disclose evidence. The Fourth Judicial District Attorney’s Office argued that District Court Judge Samuel Evig had not found prosecutor Jessica Kiel committed a…
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Appeals court clarifies prohibition on lawyers doubling as witnesses covers more than jury trials
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Colorado’s second-highest court clarified on Thursday that the rule generally prohibiting lawyers from also serving as witnesses at trial does not apply only to jury trials. Under Colorado’s rules of professional conduct, an attorney cannot litigate a case when the lawyer is likely to be a necessary witness “at trial.” There are limited exceptions, including…
