judge jaclyn casey brown
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No ‘right answer’: Colorado justices to decide who owns mineral rights under street
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Nearly a half century ago, a developer in Greeley sold off the lots surrounding W. 11th Street Road. The deeds did not explicitly say what happened to the mineral rights underneath the road. Decades later, after advances in hydraulic fracturing and horizontal drilling rendered the mineral rights under the road – and other rights-of-way across the…
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Appeals court rebuffs Alamosa County judge for flippant denial of sentence reduction
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An Alamosa County judge’s single-sentence explanation denying a defendant’s request for a sentence reduction – that it was “not well taken” – was itself not well taken by Colorado’s second-highest court. Prosecutors originally charged Desiree Lee Espinoza with multiple serious offenses, including attempted murder and assault. She pleaded guilty to kidnaping and received a 16-year prison sentence…
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Denver sex assault verdict reversed after expert vouched for victim’s credibility
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Colorado’s second-highest court reversed a defendant’s child sex assault convictions earlier this month because an expert witness, who had no connection to the specific case, effectively told jurors the victim’s explanations were true. In child sex assault cases, a generalized, or “blind,” expert may testify about how alleged victims react to and disclose incidents of…
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Appeals court orders Jeffco judge to reinstate dismissed drug charges
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Even though nearly seven months passed between the defendant’s arrest and the filing of criminal charges, Colorado’s second-highest court determined a Jefferson County judge was wrong to dismiss the case and ordered him to resume the drug-related proceedings. Under Colorado law, prosecutors are required to bring charges together in a single case if a defendant…
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Appeals court says Larimer County judge wrongly forced DA to prosecute assault
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A Larimer County judge wrongly applied an unusual Colorado law when he overruled a decision by the district attorney’s office to not prosecute one participant in a multi-person brawl, the state’s second-highest court ruled last week. Colorado is one of four states that allows judges to review prosecutors’ decisions not to charge someone suspected of…
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Arapahoe County judge let biased juror serve, prompting reversal of serial rapist’s convictions
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A man with a history of raping women, who is serving 136 years in prison, will receive a new trial after the state’s second-highest court concluded an Arapahoe County judge allowed a biased juror to serve in the 2021 trial. On Thursday, a three-judge panel for the Court of Appeals concluded, by 2-1, that it…
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Colorado appeals court sides with customer sued over negative online review
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A series of statements a Colorado Springs woman made online and through the media about a plumbing company are protected under the law and do not amount to defamation, Colorado’s second-highest court ruled last month. The decision from the Court of Appeals is the latest to address the tension between customers who leave critical online…
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Colorado appeals court overturns conviction for Larimer County judge’s faulty instruction
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In a rare move, both the prosecution and defense agreed the state’s Court of Appeals should overturn a man’s assault conviction because a Larimer County judge incorrectly instructed jurors about self-defense. Consequently, a three-judge appellate panel on Thursday ordered a new trial for Anthony John Trimarco, who is currently serving a 12-year prison sentence. In criminal…
