Judge Kenneth Laff
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Denver judge failed to let defendant speak, appeals court finds in overturning 48-year sentence
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A Denver judge did not satisfy her obligation to ensure a defendant knew he could speak on his own behalf at sentencing, Colorado’s second-highest court determined in ordering a new sentencing hearing on Thursday. Jurors convicted Joe Pinheiro of second-degree murder in 2022 for fatally shooting Philip Malinowski five years earlier. The parties disputed whether Pinheiro’s…
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Colorado Supreme Court rejects effort to let judges restrict defense lawyers’ work on postconviction claims
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The Colorado Supreme Court clarified on Monday that trial judges 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 illegal, new evidence has come to light or their conviction violated the U.S.…
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Colorado Supreme Court wary of letting judges restrict defense lawyers’ work on postconviction claims
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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…