judge gregory werner
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Appeals court clarifies when ‘imminent danger’ applies in prisoner lawsuits
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Colorado’s second-highest court addressed for the first time earlier this month how judges should determine if an incarcerated plaintiff has shown he is in “imminent danger,” which would allow him to proceed with his lawsuit without paying the upfront fees typically required. Under state law, prisoners are not prohibited from pursuing civil lawsuits if they…
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El Paso County prosecutor committed misconduct, prompting appeals court to reverse convictions
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In a rare finding of prosecutorial misconduct, Colorado’s second-highest court reversed a man’s convictions for attempted murder and assault on Thursday because an El Paso County prosecutor misled jurors into thinking defendant Charles Eugene Jefferson was responsible for the victim’s failure to testify at trial. Andrew Lower, a deputy district attorney, told jurors the reason…
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Colorado appeals court orders El Paso County judge to reopen case of man serving 100+ years
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Colorado’s second-highest court last week ordered an El Paso County judge to hold a hearing on an incarcerated man’s claim that he received constitutionally-ineffective assistance of counsel, based on his trial lawyer’s decision not to call multiple witnesses who would have corroborated the defendant’s alibi. Antonio Jose Vargas Jr. is serving a 96-year sentence for…
