judge katharine lum
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Mesa County judge wrongly acquitted bail bondsman, appeals court rules
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A Mesa County judge incorrectly acquitted a defendant in the middle of his trial, Colorado’s second-highest court ruled on Thursday, concluding the evidence could have led to the man’s conviction for using a “ruse” or “trickery” to enter an apartment unlawfully. Due to the constitutional prohibition on double jeopardy, defendant Kenneth Maurice Hill’s acquittal stands and…
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Appeals judge raises flag about whether insurance companies can collect restitution after traffic convictions
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A member of Colorado’s second-highest court said on Thursday that she was skeptical insurance companies are entitled to collect crime victim restitution from defendants convicted of misdemeanor traffic offenses, but lawmakers had not provided clear direction one way or the other. A three-judge panel for the Court of Appeals agreed the evidence did not render…
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Appeals court tells Grand County judge to reexamine spat between town officials
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Colorado’s second-highest court directed a Grand County judge last week to conduct further analysis of the defamation claim by two former Grand Lake officials against the ex-town manager. The immediate issue before the Court of Appeals was relatively narrow: Did defendant John Crone act “willfully and wantonly” when he sent a 2021 email to the…
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Colorado Supreme Court to hear appeals on campaign disclosures, right to jury trial in child neglect cases
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The Colorado Supreme Court announced on Monday it will consider when groups that advocate on ballot initiatives were required to register and disclose their election spending under a pre-2022 version of state law. At least three of the court’s seven members must agree to hear a case. The justices will also evaluate whether a father…
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Adams County murder conviction overturned for unreliable identification of suspect
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Colorado’s second-highest court last week overturned a man’s murder conviction and ordered a new trial after finding a witness’s identification, based on a suggestive photo array, was unreliable and should have been excluded from trial. On the night of Jan. 30, 2018, two men fought with Ricardo Rivas in the parking lot of his Westminster…
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Prosecutorial misconduct, error-prone judge’s decision prompt appeals court to overturn homicide conviction
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Misconduct by two prosecutors and a Douglas County judge’s decision to bar crucial testimony prompted Colorado’s second-highest court on Thursday to reverse a woman’s vehicular homicide conviction. Jurors convicted Jennifer Lea Woodruff of killing her coworker, Christopher Roberts, in a car accident along Interstate 25. The defense’s theory was that Woodruff’s medical condition caused her…
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Appeals judge suggests revising governmental immunity law in response to Manitou Springs’ ‘hide-the-ball’ conduct
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A member of the state’s second-highest court has suggested lawmakers revise Colorado’s governmental immunity law to prevent public entities from torpedoing lawsuits by withholding the identity of the actual party responsible for an injury. Last week, a three-judge panel for the Court of Appeals agreed Jaimi J. Mostellar’s lawsuit against Colorado Springs must be dismissed…
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Appeals court overturns juvenile’s conviction based on Safe2Tell tip
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Colorado’s second-highest court determined last week that a Weld County magistrate improperly relied on an anonymous tip through the state’s Safe2Tell program when she found a juvenile defendant had participated in vandalizing a high school. Surveillance video captured two people spray painting a school building. Administrators subsequently received a tip identifying one of the suspects…
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El Paso County judge wrongly revoked father’s jury trial in child neglect case, appeals court finds
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Colorado’s second-highest court ruled on Thursday that an El Paso County judge wrongly revoked a father’s choice of a jury trial in his child neglect case because the man had failed to appear two years earlier for a separate proceeding. Under Colorado law, parents have the right of a jury trial to determine whether a…
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El Paso County felony murder conviction overturned after appeals court cites numerous errors
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Colorado’s second-highest court last month ordered a new trial for a woman convicted of felony murder in El Paso County, finding multiple errors that were not individually damaging compromised the fairness of her trial when taken together. Felony murder does not require that a person kill the victim themselves. Instead, a defendant can be guilty…